'm'^"!^'' 1 JOINT COMMITTEE PRINT
COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES FOR 1989 j me. r
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SUBMITTED TO THE
COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
AND THE
COMMITTEE ON FOREIGN RELATIONS
U.S. SENATE
BY THE
DEPARTMENT OF STATE
IN ACCORDANCE WITH SECTIONS 116(d) AND 502B(b) OF THE
FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED
FEBRUARY 1990
Printed for the use of the Committees on Foreign Affairs and Foreign
Relations of the House of Representatives and the Senate respectively
UMASS/AMHERST
31EDbb01b7t>a7as
101st Congress 1
2d Session JOINT COMMITTEE PRINT
COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES FOR 1989
REPORT
SUBMITTED TO THE
COMMITTEE ON FOREIGN AFFAIRS
HOUSE OF REPRESENTATIVES
AND THE
COMMITTEE ON FOREIGN RELATIONS
U.S. SENATE
BY THE
DEPARTMENT OF STATE
IN ACCORDANCE WITH SECTIONS 116(d) AND 502B(b) OF THE
FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED
FEBRUARY 1990
Printed for the use of the Committees on Foreign Affairs and Foreign
Relations of the House of Representatives and the Senate respectively
U.S. GOVERNMENT PRINTING OFFICE
24-900 WASHINGTON : 1990
For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, DC 20402
COMMITTEE ON FOREIGN AFFAIRS
DANTE B. FASCELL, Florida, Chairman
LEE H. HAMILTON, Indiana
GUS YATRON, Pennsylvania
STEPHEN J. SOLARZ, New York
GERRY E. STUDDS, Massachusetts
HOWARD WOLPE, Michigan
GEO. W. CROCKETT, Jr., Michigan
SAM GEJDENSON, Connecticut
MERVYN M. DYMALLY, California
TOM LANTOS, California
PETER H. KOSTMAYER, Pennsylvania
ROBERT G. TORRICELLI, New Jersey
LAWRENCE J. SMITH, Florida
HOWARD L. BERMAN, California
MEL LEVINE, California
EDWARD F. FEIGHAN, Ohio
TED WEISS, New York
GARY L. ACKERMAN, New York
MORRIS K. UDALL, Arizona
JAMES McCLURE CLARKE, North Carolina
JAIME B. FUSTER, Puerto Rico
WAYNE OWENS, Utah
HARRY JOHNSTON, Florida
ELIOT L. ENGEL, New York
ENI F.H. FALEOMAVAEGA, American
Samoa
DOUGLAS H. BOSCO, California
FRANK McCLOSKEY, Indiana
DONALD M. PAYNE, New Jersey
John J. Brady, Jr., Chief of Staff
John R. Sinclair, Minority Chief of Staff
WILLIAM S. BROOMHELD, Michigan
BENJAMIN A. OILMAN, New York
ROBERT J. LAGOMARSINO, California
JIM LEACH, Iowa
TOBY ROTH, Wisconsin
OLYMPIA J. SNOWE, Maine
HENRY J. HYDE, Illinois
DOUG BEREUTER, Nebraska
CHRISTOPHER H. SMITH, New Jersey
MICHAEL DeWINE, Ohio
DAN BURTON, Indiana
JAN MEYERS, Kansas
JOHN MILLER, Washington
DONALD E. "BUZ" LUKENS, Ohio
BEN BLAZ, Guam
ELTON GALLEGLY, California
AMO HOUGHTON, New York
PORTER J. GOSS, Florida
ILEANA ROS-LEHTINEN, Florida
COMMITTEE ON FOREIGN RELATIONS
CLAIBORNE PELL, Rhode Island, Chairman
JOSEPH R. BIDEN, Jr., Delaware
PAUL S. SARBANES, Maryland
ALAN CRANSTON, California
CHRISTOPHER J. DODD, Connecticut
JOHN F. KERRY. Massachusetts
PAUL SIMON, Illinois
TERRY SANFORD, North Carolina
DANIEL PATRICK MOYNIHAN, New York
CHARLES S. ROBB, Virginia
JESSE HELMS, North Carolina
RICHARD G. LUGAR, Indiana
NANCY L. KASSEBAUM, Kansas
RUDY BOSCHWITZ, Minnesota
LARRY PRESSLER, South Dakota
FRANK H. MURKOWSKI, Alaska
MITCH McCONNELL, Kentucky
GORDON J. HUMPHREY, New Hampshire
CONNIE MACK, Florida
Geryld B. Christianson, Staff Director
James P. Lucier, Minority Staff Director
(II)
FOREWORD
The country reports on human rights practices contained herein
were prepared by the Department of State in accordance with sec-
tions 116(d) and 502B(b) of the Foreign Assistance Act of 1961, as
amended. They also fulfill the legislative requirements of section
31 of the Bretton Woods Agreements Act and section 505(c) of the
Trade Act of 1974, as amended.
The reports cover the human rights practices of all nations that
receive U.S. foreign assistance as well as those nations that do not
but are members of the United Nations. They are printed to assist
Members of Congress in the consideration of legislation.
Dante B. Fascell,
Chairman, Committee on Foreign Affairs.
Claiborne Pell,
Chairman, Committee on Foreign Relations.
(Ill)
LETTER OF TRANSMITTAL
Department of State,
Washington, DC, January 31, 1990.
Hon. Claiborne Pell,
Chairman, Committee on Foreign Relations,
Hon. Thomas S. Foley,
Speaker, House of Representatives.
Dear Sirs: I have the distinct honor to present the report pre-
pared in compUance with sections 116(d)(1) and 502B(b) of the For-
eign Assistance Act of 1961, as amended, and section 505(c) of the
Trade Act of 1974, as amended.
With best wishes,
Sincerely,
Janet G. Mullins,
Assistant Secretary, Legislative Affairs.
Enclosure.
(V)
CONTENTS
Page
Foreword iii
Letter of Transmittal v
Introduction 1
Africa:
Angola 6
Benin 14
Botswana 22
Burkina Faso 30
Burundi 37
Cameroon 46
Cape Verde 55
Central African Republic 61
Chad 69
Comoros 77
Congo 83
Cote d'lvoire 91
Djibouti 98
Equatorial Guinea 104
Ethiopia 110
Gabon 123
Gambia, The 130
Ghana 137
Guinea 146
Guinea-Bissau 153
Kenya 159
Lesotho 173
Liberia 182
Madagascar 193
Malawi 203
Mali 211
Mauritania 218
Mauritius 228
Mozambique 235
Namibia 246
Niger 261
Nigeria 268
Rwanda 283
Sao Tome and Principe 291
Senegal 297
Seychelles 307
Sierra Leone 314
Somalia 321
South Africa 332
Sudan 355
Swaziland 373
Tanzania 383
Togo 394
Uganda 402
Zaire 413
Zambia 426
Zimbabwe 435
Central and South America:
Antigua and Barbuda 448
Argentina 453
Bahamas 461
(VII)
VIII
Page
Central and South America — Continued
Barbados 466
Belize 471
Bolivia 477
Brazil 484
Chile 497
Colombia 510
Costa Rica 522
Cuba 529
Dominica 547
Dominican Republic 551
Ecuador 562
El Salvador 569
Grenada 590
Guatemala 597
Guyana 611
Haiti 620
Honduras 630
Jamaica 644
Mexico 653
Nicaragua 667
Panama 683
Paraguay 695
Peru 708
St. Kitts and Nevis 724
St. Lucia 728
St. Vincent and the Grenadines 732
Suriname 736
Trinidad and Tobago 744
Uruguay 752
Venezuela 760
East Asia and the Pacific:
Australia 769
Brunei 774
Burma 780
Cambodia 792
China 802
China (Taiwan only) 826
Fiji 840
Indonesia 849
Japan 867
Kiribati 873
Korea, Democratic People's Republic of 877
Korea, Republic of 885
Laos 900
Malaysia 908
Marshall Islands 921
Micronesia, Federated States of 924
Mongolia 928
Nauru 934
New Zealand 939
Papua New Guinea 944
Philippines 950
Singapore 969
Solomon Islands 982
Thailand 986
Tonga 1002
Vanuatu 1006
Vietnam 1011
Western Samoa 1020
Europe and North America:
Albania 1025
Austria 1033
Belgium 1039
Bulgaria 1044
Canada 1061
Cyprus 1066
IX
Page
Europe and North America — Continued
Czechoslovakia 1072
Denmark 1088
Estonia 1093
Finland 1103
France 1109
German Democratic Republic 1115
Germany, Federal Republic of 1127
Greece 1133
Hungary 1142
Iceland 1154
Ireland 1159
Italy 1164
Latvia 1170
Lithuania 1177
Luxembourg 1186
Malta 1191
Netherlands, The 1197
Norway 1203
Poland 1209
Portugal 1220
Romania 1228
Spain 1243
Sweden 1249
Switzerland 1255
Turkey 1260
Union of Soviet Socialist Republics 1274
United Kingdom 1292
Yugoslavia 1304
Near East, North Africa, and South Asia:
Afghanistan 1320
Algeria 1328
Bahrain 1339
Bangladesh 1347
Bhutan 1359
Egypt 1365
India 1381
Iran 1400
Iraq 1411
Israel and the occupied territories 1423
Jordan 1446
Kuwait 1455
Lebanon 1468
Libya 1479
Maldives 1486
Morocco 1492
The Western Sahara 1506
Nepal 1508
Oman 1519
Pakistan 1526
Qatar 1542
Saudi Arabia 1549
Sri Lanka 1561
Syria 1579
Tunisia 1591
United Arab Emirates 1602
Yemen Arab Republic 1609
Yemen, People's Democratic Republic of 1619
Appendixes:
A. Notes on preparation of the reports 1624
B. Reporting on worker rights 1627
C. Selected international human rights agreements 1629
D. Explanation of statistical table 1636
E. U.S. bilateral assistance FY 1989 1637
COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES
INTRODUCTION
1989 Human Rights Report
This report is submitted to the Congress by the Department of
State in compliance with Sections 116(d)(1) and 502B(b) of the
Foreign Assistance Act of 1961, as amended.* The legislation
requires human rights reports on all countries that receive
aid from the United States and all countries that are members
of the United Nations. In the belief that the information
would be useful to the Congress and other readers, we have
also included reports on the few countries which do not fall
into either of these categories and which thus are not covered
by the Congressional requirement.
Congress amended the Foreign Assistance Act with the foregoing
sections of law so as to to be able to consult these reports
when considering assistance programs for specific foreign
countries. One of the very important consequences — perhaps
unintended — of these legislative provisions is that they have
made human rights concerns an integral part of the State
Department's daily reporting and daily decisionmaking. A
human rights officer in an Embassy overseas who wants to write
a good annual human rights report on the country in which he
or she works must carefully monitor and observe human rights
developments throughout the year on a daily basis. As a
consequence he or she will report on such developments
whenever something of human rights significance happens in the
country of assignment. In the past 12 years, the State
Department has become decidedly better informed on and
sensitized to human rights violations as they occur around the
globe.
* Section 116(d)(1) of the Foreign Assistance Act provides as
follows:
"The Secretary of State shall transmit to the Speaker of the
House of Representatives and the Committee on Foreign Relations
of the Senate, by January 31 of each year, a full and complete
report regarding...
"(1) the status of internationally recognized human
rights, within the meaning of subsection (a)...
(A) in countries that received assistance under this
part, and
(B) in all other foreign countries which are members of
the United Nations and which are not otherwise the subject of
a human rights report under this Act."
Section 502(B) (b) of the Foreign Assistance Act provides as
follows :
"The Secretary of State shall transmit to Congress, as part of
the presentation materials for security assistance programs
proposed for each fiscal year, a full and complete report,
prepared with the assistance of the Assistant Secretary of
State for Human Rights and Humanitarian Affairs, with respect
to practices regarding the observance of and respect for
internationally recognized human rights in each country
proposed as a recipient of security assistance."
(1)
The year 1989 may very well go down in history books as a
watershed year regarding the worldwide cause of human rights.
The revolutionary changes in Bulgaria, Czechoslovakia, the
German Democratic Republic, and Romania le£t Albania as the
only totalitarian regime left intact in Europe by year's end.
In Poland's elections. Solidarity won nearly all contested
seats and saw one of its members installed as Prime Minister.
Constitutional reforms in Hungary should lead to the
installation of a government by consent of the governed in
1990. Free elections are promised in Bulgaria,
Czechoslovakia, the GDR, and Romania.
What was striking about these dramatic changes in Eastern
Europe was that, except for those in Romania, they occurred
almost without bloodshed. The Soviet Union's acceptance of
these changes was undoubtedly a significant factor in the
peaceful character of the transition, as was the orderly and
democratic spirit of the popular movements themselves.
The spectacular events in what were once known as the Soviet
satellites tended to overshadow remarkable steps taken by the
Soviet Union in the direction of an open society. Elections
to the Congress- of Peoples' Deputies, though rigged in some
areas, were genuine contests in others, and resulted in the
election of numerous opponents of the old order. The Supreme
Soviet, chosen from members of the Congress, became a
legislative branch relatively independent of the executive.
There was further progress regarding freedom of expression, of
association, of assembly, and of religion. Many restrictions
on emigration were relaxed.
Though reformers strengthened their hold on the top echelon of
the Soviet Government, "new thinking" has failed to penetrate
many parts of the Soviet bureaucracy. Incidents of the
autocratic use of power continue to be reported. The absence
of a legal tradition and of legal institutions empowered to
protect the rights of individuals add to the leadership's
difficulty in getting its reform policies fully enforced. The
creation of an independent judiciary remains critically
important for the enhancement of respect for human rights in
the Soviet Union.
In the Western hemisphere, democratic processes and human
rights gained considerable ground. The year 1989 marked the
end of the Stroessner dictatorship in Paraguay, election of
the leader of the democratic opposition as President of Chile,
and peaceful elections in Argentina, Brazil, Uruguay, El
Salvador, and Honduras. Elsewhere in the world, human rights
progress was recorded in southern Africa, where U.N.-
supervised elections took place in Namibia. The newly elected
constituent assembly began drafting a new constitution, and we
expect independence day to be in the early part of 1990.
Newly elected President de Klerk of South Africa has taken
some encouraging steps leading to dialogue with the black
opposition.
Around the globe, the positive trends are unmistakable, making
the setbacks all the more stark. After having moved in the
direction of a freer society for more than a decade, China
reversed course last June with its suppression of student
protests, large-scale arrests, renewed prohibition of the
expression of dissenting views, and a renewed commitment to
totalitarian governance and indoctrination. Severe repression
of all forms of political opposition continued in Burma, and
North Korea remained one of the most repressive totalitarian
regimes .
Going against the prevailing trend in the Western Hemisphere
was Cuba, which once again sharpened repression, particularly
of human rights activists, many of whom had cooperated with
the 1988-89 U.N. Human Rights Commission investigation. The
Government staged a show-trial and then executed a group of
military officers who might have been a threat to Castro.
Also of concern was the serious setback in Haiti in January
1990 involving the suspension of civil liberties and the
arrest, beating, and/or deportation of prominent opposition
politicians.
Ethnic violence in Senegal and Mauritania took scores of lives
in both countries and resulted in the displacement of at least
200,000 people. In Liberia, unknown numbers of persons were
killed, and thousands sought refuge in neighboring countries
during fighting between dissidents and units of the army.
Ethnic strife and insurgency took at least 8,500 lives in Sri
Lanka and more than 1,000 lives in Sudan. Repressive measures
and clan warfare in Somalia caused the deaths of perhaps
several thousand persons, and repression and civil war
resulted in thousands of casualties in Ethiopia.
Other areas plagued by insurgency, civil unrest, terrorism,
and countermeasures taken by governments include Colombia, El
Salvador, Guatemala, India, the Israeli-occupied territories.
Northern Ireland, Peru, and the Phillippines, as well as
long-suffering Lebanon. Elsewhere armed conflicts continue to
be waged in Angola, Mozambique, Cambodia, and Afghanistan.
As we look to 1990, the questions before us and before the
world community are whether the human rights gains of 1989 in
Eastern Europe and other parts of the world will be lasting
achievements. Is there a danger of relapse? Will human
rights problems stemming from domestic rather than
international conflicts increasingly draw our attention?
For our part, the United States remains committed to the
worldwide promotion and consolidation of human rights and
democracy. We see these goals as principal foreign policy
challenges. We actively champion them abroad because they
reflect the best that is in ourselves. And we do so because
we have found that in those countries where human rights and
democratic values have taken hold, we find friends — not
enemies. These are the world's most stable governments, the
most dynamic societies, the bulwarks of freedom, respectful of
the rights of their citizens and of their neighbors, and the
most responsible contributors to the well-being of the world
community.
This year, as last, there are 159 separate reports. The
guidelines followed in preparing the reports are explained in
detail in Appendix A. In Appendix B is a discussion of
reporting on worker rights, as required by Section 505(c) of
the Trade Act of 1974, as amended by Title V of the Trade and
Tariff Act of 1984 (Generalized System of Preferences Renewal
Act of 1984) .•
Although the legislation requires reports on worker rights
only in developing countries that have been beneficiaries
* Section 505 (c) of the Trade Act provides as follows:
"The President shall submit an annual report to the
Congress on the status of internationally recognized worker
rights within each beneficiary developing country."
under the Generalized System of Preferences, in the interest
of uniformity, and to provide a ready basis for comparison, we
have here applied the same reporting standards that we have
applied to all countries on which we prepare reports.
Appendix C contains a list of 12 international human rights
covenants and agreements and indicates which countries have
ratified them. Appendix D contains explanatory notes on the
statistical table in Appendix E, which shows the amounts
obligated for U.S. economic and military assistance for fiscal
year 1989.
Definition of Human Rights
Human rights, as defined in Section 116(a) of the Foreign
Assistance Act, include freedom from torture or other cruel,
inhuman, or degrading treatment or punishment; prolonged
detention without charges; disappearance due to abduction or
clandestine detention; and other flagrant denial of the rights
to life, liberty, and the security of the person.
Internationally recognized worker rights, as defined in
Section 502(a) of the Trade Act, include (A) the right of
association; (B) the right to organize and bargain
collectively; (C) prohibition on the use of any form of forced
or compulsory labor; (D) a minimum age for the employment of
children; and (E) acceptable conditions of work with respect
to minimum wages, hours of work, and occupational safety and
health.
In addition to discussing the topics specified in the
legislation, our reports, as in previous years, cover other
internationally recognized political and civil rights and
describe the political system of each country.
In applying these internationally recognized standards, we
seek to be objective. But the reports unashamedly reflect the
U.S. view that the right of self-government is a basic
political right, that government is legitimate only when
grounded on the consent of the governed, and that government
thus grounded should not be used to deny life, liberty, and
the pursuit of happiness. Individuals in a society have the
inalienable right to be free from governmental violations of
the integrity of the person; to enjoy civil liberties such as
freedom of expression, assembly, religion, and movement,
without discrimination based on race, ancestry, or sex; and to
change their government by peaceful means. The reports also
take into account the fact that terrorists and guerrilla
groups often kill, torture, or maim citizens or deprive them
of their liberties; such violations are no less reprehensible
if committed by violent opponents of the government than if
committed by the government itself.
We have found that the concept of economic, social, and
cultural rights is often confused, sometimes willfully, by
repressive governments claiming that, in order to promote
these "rights," they may deny their citizens the right to
integrity of the person as well as political and civil
rights. There exists a profound connection between human
rights and economic development. Experience demonstrates that
it is individual freedom that sets the stage for economic and
social development; it is repression that stifles it. Those
who try to justify subordinating political and civil rights on
the ground that they are concentrating on economic aspirations
invariably deliver neither. That is why we consider it
imperative to focus urgent attention on violations of basic
political and civil rights. If these basic rights are not
secured, experience has shown, the goals of economic
development are not reached either. This is a point which the
Soviet Union's reformers seem to have recognized.
United States Human Rights PolicY
From this premise, that basic human rights may not be abridged
or denied, it follows that our human rights policy is concerned
with the limitations on the powers of government that are
required to protect the integrity and dignity of the
individual. Further, it is in our national interest to
promote democratic processes in order to help build a world
environment more favorable to respect for human rights and
hence more conducive to stability and peace. We have
developed, therefore, a dual policy, reactive in the sense
that we continue to oppose specific human rights violations
wherever they occur, but at the same time active in working
over the long term to strengthen democracy.
In much of the world, the United States has a variety of means
at its disposal to respond to human rights violations. We
engage in traditional diplomacy, particularly with friendly
governments, where frank diplomatic exchanges are possible and
productive. Where we find limited opportunities for the United
States to exert significant influence through bilateral
relations, we resort to public statements of our concerns,
calling attention to countries where respect for human rights
is lacking. In a number of instances, we employ a mixture of
traditional diplomacy and public affirmation of American
interest in the issue.
The United States also employs a variety of means to encourage
greater respect for human rights over the long term. Since
1983 the National Endowment for Democracy has been carrying
out programs designed to promote democratic practices abroad,
involving the two major United States political parties, labor
unions, business groups, and many private institutions. Also,
through Section 116(e) of the Foreign Assistance Act, funds
are disbursed by the Agency for International Development for
programs designed to promote civil and political rights abroad.
We also seek greater international commitment to the protection
of human rights and respect for democracy through our efforts
in the United Nations and other international organizations,
and in the process devised by the Conference on Security and
Cooperation in Europe.
Preparation of these annual reports constitutes an important
element of our human rights policy. The process, since it
involves continuous and well-publicized attention to human
rights, has contributed to the strengthening of an
international human rights agenda. Many countries that are
strong supporters of human rights are taking steps of their
own to engage in human rights reporting and have established
offices specifically responsible for international human
rights policy. Even among countries without strong human
rights records, sensitivity to these reports increasingly
takes the form of constructive response, or at least a
willingness to engage in a discussion of human rights policy.
In calling upon the Department of State to prepare these
reports. Congress has created a useful instrument for
advancing the cause of human rights.
Richard Schifter
Assistant Secretary of State
for Human Rights and Humanitarian Affairs
AFRICA
ANGOLA*
The People's Republic of Angola (PRA) is ruled by the sole
legal political party, the Marxist-Leninist Popular Movement
for the Liberation of Angola (MPLA) . President Jose Eduardo
Dos Santos is both Head of State and chief of the MPLA. His
rule was reconfirmed by the MPLA's Second Party Congress in
December 1985. All major policy decisions are made by a small
elite in the MPLA, which also controls all means of mass
communication. Open political dissension is not tolerated.
force of about 30,000, as well as a comparable number of
irregular troops. It has the allegiance of a substantial
portion of the population, especially among Angola's largest
ethnic group, the Ovimbundu.
UNITA controls the southeastern quarter of Angola's
territory. The United States supports UNITA in the Angolan
conflict and has provided it with assistance. The PRA
receives extensive military assistance from the Soviet Union.
As of November 1, 1989, half of the estimated 50,000 Cuban
troops who were stationed in the country had been withdrawn in
accordance with the New York accords of December 22, 1988.
Under these agreements, Cuba is obligated to withdraw a total
of 33,000 troops by April 1990, and all Cuban troops are to be
out of Angola by July 1, 1991.
A civil war, combined with a Communist command-style economy,
has devastated the country's infrastructure, forced a return
to barter in some areas, and led the PRA to divert much of its
revenues to the military, including payments to the Soviet
Union for military equipment and to Cuba for combat troops.
Although the PRA receives substantial foreign exchange
earnings from oil exports, the expenditure of hard currency
for weapons and the impact of war on the productivity and
distribution networks of Angolan agriculture appear to have
created a chronic food shortage in both the cities and the
countryside. The PRA, in response to the generally critical
economic situation, announced in 1987 its intention to
institute some market-oriented economic reforms. By the end
of 1989, little progress had been made, although the
International Monetary Fund voted in midyear to admit the PRA.
The civil war between the PRA and UNITA has ravaged Angola
since 1975 and has resulted in widespread human rights abuses
on both sides with many civilian casualties. A regional
conflict on Angolan and Namibian territory has added further
destruction and violence. On December 22, 1988, the Republic
of Cuba, the People's Republic of Angola, and the Republic of
South Africa signed a series of agreements (the New York
accords) under U.S. mediation which are leading to
independence for Namibia in accordance with the U.N.
Settlement Plan and the phased and total withdrawal of Cuban
troops from Angola. This has significantly reduced regional
*The United States does not recognize or maintain diplomatic
relations with the People's Republic of Angola and has no
diplomatic personnel there to monitor human rights conditions
or evaluate allegations of abuses.
ANGOLA
tensions. In June 1989, at Gbadolite, Zaire, President Dos
Santos and Dr. Savimbi, leader of UNITA, agreed to a ceasefire
and committed themselves to achieving national
reconciliation. In the months that followed, the cease-fire
broke down and fighting resumed with new charges of human
rights abuses. In December the PRA, with the help of Soviet
advisers, launched a new military offensive into UNITA-
controlled areas of southeastern Angola. As the year ended,
the U.S., Zaire, and other countries in the region were
working to reestablish the cease-fire and get negotiations
started to end the civil war.
One human rights group, Africa Watch, has estimated total
civil war victims at 200,000 Angolans killed, more than 20,000
children orphaned, and 20,000 to 50,000 Angolans left as
amputees due to the widespread use of land mines by both
sides. In addition to extensive violence against civilians,
human rights remained restricted across the board with
problems of mistreatment of prisoners, arbitrary detentions,
lack of fair trial, and restrictions on freedom of speech,
press, association, movement, worker rights, and the right of
citizens to change their government.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Reports of political killings on the part of PRA forces and
UNITA, both in combat areas and in the form of summary
executions of prisoners, persisted in 1989. It is difficult
to evaluate the various claims and counterclaims. The
fighting also resulted in many civilian deaths. While some of
these deaths were inadvertently caused by military operations,
others may have been deliberately perpetrated by opposing
forces to intimidate civilian populations. The PRA and UNITA
publicly and repeatedly accused each other of practicing
terrorism against their respective opponents, including
killing or maiming civilians.
UNITA has charged that Cuban forces have been involved in
attacks on civilians. In addition, UNITA has asserted that
FAPLA and Cuban forces used aerial chemical warfare against
military and civilian opponents in 1989. Tests carried out by
American forensic experts, however, did not yield postive
results .
b. Disappearance
There is no information either to confirm or deny that secret
arrests or clandestine detentions are practiced by PRA
security agencies or by UNITA, although each side has accused
the other of such practices.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Allegations of torture and mistreatment made by both sides
appear to have some basis in fact, but torture of opponents
does not appear to be a generalized systematic practice of
either PRA organizations or UNITA. The number of torture
allegations against UNITA increased in 1989. Little
information is available on the administrative structure and
ANGOLA
practices within UNITA-held areas. Reports that UNITA
mistreats some prisoners could neither be confirmed nor
disproved .
PRA prison authorities reportedly have wide latitude in the
treatment of prisoners. Treatment of political detainees in
the prisons controlled by the PRA Ministry of State Security
appears to be harsher than treatment in the regular prisons.
There are reports of sexual torture of UNITA prisoners and
mistreatment, including beatings, threats, and prolonged
interrogation with the use of force. Family visits appear to
be arbitrarily restricted in many instances. In 1989 foreign
advisers, including Cubans and East Germans, continued to
assist PRA state security services and may have helped operate
the state security prisons. AI ' s 1989 Report notes that three
former security officials were convicted of ill-treating
prisoners during 1988 (nine were tried) .
d. Arbitrary Arrest, Detention, or Exile
Under laws enacted by the PRA, persons suspected of committing
serious acts against "state security" may be held by the
Ministry of State Security without charge for an initial
period of 3 months, renewable for a further period of 3
months. Such detainees need not be presented to a judge
within 48 hours of their arrest, as stipulated in the Code of
Criminal Procedure for persons suspected of other kinds of
crime, and apparently have no right to challenge the grounds
of their detention. After 6 months in detention without
charge, the detainee must be informed of the accusations, with
the State Security Service either informing the public
prosecutor of the charges or releasing the suspect. Once the
case is presented to the public prosecutor, there does not
•appear to be a specific time limit within which a suspect must
be brought to trial.
The deterioration of the security situation has exacerbated
the general decline in judicial safeguards and due process.
The PRA has established regional military councils throughout
much of Angola. They are responsible directly to President
Dos Santos and have broad authority to restrict the movement
of people and goods, to requisition people and goods without
compensation, and to try crimes against "state security." The
MPLA has also created "People's vigilance Brigades" for urban
areas, whose powers are not clear but which include general
administration and "protecting the people and ensuring public
order and stability."
Press accounts alleged that UNITA had detained or executed
Pedro "Tito" Chingunji, a former UNITA representative in the
United States, at the beginning of the year. Chingunji was
later seen alive and apparently well in Jamba, UNITA's
headquarters in southeastern Angola.
The number of political detainees and prisoners held by the
PRA at the end of 1989 was not known. However, the PRA
claimed to have released 700 political prisoners during the
first 6 months of the year. If this figure is correct, it
appears that the MPLA has been holding many more regime
opponents than previously believed.
With regard to forced or compulsory labor, see Section 6.c.
ANGOLA
e. Denial of Fair Public Trial
Although the PRA Constitution provides for an independent
judiciary, in practice the judiciary follows MPLA party
guidelines. The Constitution also states that no citizen
shall be arrested and brought to trial except under the terms
of the law, which includes a public trial and the right of the
accused to legal counsel. There is, however, insufficient
information to determine if, or to what extent, these rights
are observed in practice in regular criminal and civil cases.
In the past, AI has expressed concern that trials of political
opponents of the PRA, notably in military tribunals, do not
conform to internationally recognized standards. AI ' s 1989
report notes that 20 defendants convicted in 1988 for ties to
UNITA were not given adequate opportunity to present their
defense or to appeal their cases. AI also reported the 1989
conviction of two military pilots on espionage charges. They
were sentenced to death and not permitted to appeal.
Judicial lines of authority are unclear, especially since the
PRA's regional military councils have been given
responsibility for the trial of offenses against "state
security," including "economic crimes." It is not known which
trials are open to the public and under what rules of
procedure the various military and civilian courts operate.
The PRA Constitution also provides for a People's Supreme
Court, but no information is available about its jurisdiction.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Although the Constitution provides for the inviolability of
the home and privacy of correspondence, the PRA conducts
arbitrary searches of homes, censors private correspondence,
and monitors private communications.
g. Use of Excessive Force and Violations of Humanitarian
Law in Internal Conflicts
The resumption of the conflict in August, after the breakdown
of the June cease-fire, led to some of the most violent
fighting in 1989. Displaced persons interviewed in UNITA
territory have stated that FAPLA forces capture escaping
civilians, particularly children, and send them to special
camps within PRA territory or to Communist countries such as
Cuba and East Germany for "reeducation."
New York Times reporter Kenneth Noble visited Samba Caju (180
miles east of Luanda) as part of a group of reporters taken to
the town by PRA authorities. There he conducted interviews
with townspeople under PRA auspices. He wrote that UNITA
soldiers invaded the town on September 17, 1989, shooting
civilians (at least 15 were killed and 40 wounded) and
destroying shops, houses, and a medical clinic.
Africa Watch reports that some of the refugees interviewed by
its representatives stated that UNITA captured civilians,
transported them to UNITA territory, and forced them to farm.
The PRA and UNITA have accused each other of placing land
mines in footpaths to agricultural fields as part of a
strategy to deny food to civilians in contested areas.
Thousands of civilians have lost limbs as a result of the
widespread use of land mines. According to the Africa Watch
10
ANGOLA
study, mines placed by FAPLA forces accounted for most
civilian casualties in northern Angola, while UNITA-placed
mines were blamed for civilian casualties in eastern Angola.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The PRA Constitution provides for freedom of expression, but
the Angolan people live under censorship, intimidation, and
control of the media. Opposition views are not tolerated, and
critics such as Bartolomeu Dias Fernandes, who was accused of
"insulting the Head of State," have been sentenced to long
prison terms.
Although the PRA is especially sensitive to criticism in the
foreign press, in 1986 it began to allow the controlled travel
of foreign correspondents to Angola, a practice which
continued in 1989. The circulation of Western journals and
periodicals in PRA-controlled Angola is tightly restricted.
b. Freedom of Peaceful Assembly and Association
Although the PRA Constitution calls for freedom of assembly,
it is denied to any political group or movement other than the
MPLA or its associated mass organizations. All other
political movements have been banned. There are numerous
unconfirmed reports of arrests of people who voice support for
opposition movements or alternative political systems. The
People's Vigilance Brigades, which have some law enforcement
authority in urban areas, and the martial law climate
throughout the country tend further to restrict freedom of
assembly and association.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
Although the PRA Constitution provides for the inviolability
of freedom of conscience and belief and for separation of
church and state, the PRA authorities publicly emphasize the
importance of propagating atheism and have been critical of
religious activities. Approximately 85 percent of the Angolan
population is either Roman Catholic or Protestant, while the
remainder practice a variety of animist beliefs. Systematic
persecution of priests, pastors, and catechists and
confiscation of Church property occurred in PRA-controlled
areas between 1975 and 1979, but since then the PRA has eased
its antireligious stance and has not moved to close down
officially recognized churches. Church services are held
regularly, and there is wide attendance.
Foreign and Angolan missionaries are allowed to carry out
their normal activities. UNITA respects freedom of religion
in the areas it controls and provides limited administrative
support to both Catholic and Protestant churches. In the
past, UNITA has captured foreign missionaries in contested
areas and released them unharmed after publicly warning them
of the dangers of being caught in the combat zone.
The PRA refuses to recognize smaller religious sects that it
deems subversive, such as the Jehovah's Witnesses. The most
recent known case of repression concerns the Tocoist Church,
founded in Angola in 1949, which has a syncretic blend of
11
ANGOLA
Christian beliefs and indigenous religious practices. The
Government banned the Church in 1977, and, in early 1987,
approximately 60 Tocoists were killed in a confrontation with
irregular units of the MPLA military and state security
forces. Although this ban was lifted in 1988, there were
reports of more arrests of members in that year.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
As a result of the fighting and the widespread use of land
mines by both sides, travel by road in most areas of Angola is
dangerous. The PRA is acutely sensitive about security and
has tightly restricted travel. It has also instituted a pass
system within Angola, and foreigners are generally prohibited
from traveling outside the principal cities. UNITA has
publicly warned that it considers all of Angola to be a war
zone and that it cannot guarantee the safety of persons
traveling there.
Angolan citizens are allowed to travel abroad, but this travel
is carefully controlled by the PRA's restrictions on issuance
of passports and exit visas and by currency restrictions.
Emigration is restricted. The PRA limits travel to Angola
through a selective and stringent visa policy.
An estimated 670,000 persons, and probably a greater
proportion of the Angolan population of 8 to 9 million, have
been displaced internally. Africa Watch reports that the PRA
authorities have forcibly displaced thousands of civilians, in
part to deny UNITA a social base, and that UNITA has captured
thousands of civilians and forced them to work on UNITA farms.
There are some 400,000 Angolan refugees resident in
neighboring countries. Approximately 300,000 Angolans are
still refugees in Zaire, and an estimated 94,000 are in
Zambia. There are approximately 11,000 Zairian refugees or
displaced persons in Angola. Namibian refugees have been
repatriated as a result of the New York accords, which also
led to the departure of a large contingent of South African
nationals affiliated with the African National Congress.
By the end of September 1989, approximately 2,100 Angolan
refugees were repatriated from Zaire to the PRA and nearly
1,900 Zairian refugees returned home from the PRA. This
repatriation, sponsored by the United Nations High
Commissioner for Refugees, was intended to return 5,000
refugees to their homes--2,500 from each country--by late
November 1989. A new registration for other refugees wishing
to return home was expected to begin in January 1990.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Angolans do not have the right to change their government.
Most of Angola is ruled by a small group of officials within
the party apparatus of the ruling MPLA. The PRA Constitution
provides for popular participation in the political process,
but political activity is limited to participation in the MPLA
or in one of its controlled and sanctioned organizations such
as its youth wing, the Angolan Women's Organization, or the
trade union movement. Political power is centered in the
elite membership of the Politburo and the somewhat larger
Central Committee. Party membership is very restricted, with
fewer than 30,000 members.
12
ANGOLA
The PRA Constitution provides for a popularly elected National
People's Assembly, established in 1981, and people's
assemblies at the provincial and local level. However,
despite recent suggestions from President Dos Santos that the
powers and membership of the National People's Assembly be
broadened, only candidates chosen and endorsed by the MPLA
have been elected. Key members of the party also hold
leadership positions in the provincial and local assemblies.
A new round of elections is planned for 1990 under the
existing restrictions, but depending upon progress in the
negotiations between the MPLA and UNITA, this may be subject
to change.
Both the MPLA and UNITA have primarily ethnic bases of
support--the MPLA among the Mbundu, and UNITA among the
Ovimbundu, Ganguela, and Lunda-Chokwe . The National Front for
the Liberation of Angola (FNLA) has its base among the
Bakongo, but the FNLA is no longer a major force in Angolan
politics and has in part been integrated into the MPLA.
Members of all of Angola's ethnic groups and religions
participate in both organizations, some at high levels of the
party. However, non-Mbundu groups are greatly
underrepresented in the small group within the ruling PRA
Central Committee and Politburo. Mesticos (Angolans of mixed
racial background numbering only about 1 percent of the
population) remain the most highly skilled and educated group
in Angola and are inf luential--politically, culturally, and
economically--beyond their numbers in the PRA.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The PRA did not respond to AI ' s 1987 appeal for information
concerning numerous political detainees, and neither the PRA
nor UNITA would let Africa Watch researchers into the country
in 1989 (Africa Watch's report was based on interviews with 87
Angolan refugees in camps in Zaire and Zambia). The PRA has
allowed the International Committee of the Red Cross (ICRC),
the United Nations Children's Fund, and Catholic Relief
Services to provide food assistance in areas it controls.
UNITA allows the ICRC, Medicins Sans Frontieres, and Operation
Handicapped International to conduct similar operations in
areas under its control. Neither the PRA nor UNITA have yet
responded to ICRC requests for access to all persons arrested
in connection with internal events and the military situation
in the country.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Because of the disturbed situation prevailing in most of
Angola, there is little information available on the existence
or extent of discrimination on the basis of race, sex,
religion, language, or social status. There is also no
information available on the extent of violence against women
in Angola. Given the country's 500-year colonial legacy,
Portuguese is the official language of Angola.
Section 6 Worker Rights
a. The Right of Association
Angolan workers do not have the right to form independent
trade unions. The sole, legally recognized, trade union
13
ANGOLA
organization in the PRA is the National Union of Angolan
Workers (UNTA) , which was formed in the late 1950 's as an
appendage of the MPLA and became the ruling party's official
labor wing after Angolan independence in 1975. The
preindependence labor centers of rival liberation
organizations ceased to exist soon after the MPLA took control
of most of the country. The monopoly situation of the UNTA is
ensured by the statutory basis of the single-union structure.
In addition, the activities of the labor central and its
affiliates are tightly controlled by the MPLA. Strikes are
illegal and considered to be a crime against "state security."
The PRA has ratified ILO Conventions 87 and 98 regarding
freedom of association and collective bargaining. The UNTA is
affiliated with the continent-wide Organization of African
Trade Union Unity and the Communist-controlled World
Federation of Trade Unions.
b. The Right to Organize and Bargain Collectively
Workers do not have the right to bargain collectively. The
PRA, through its Ministry of Labor and Social Security,
controls the process of setting wages and benefits, but it
coordinates its actions with UNTA and employers. There are no
export processing zones in Angola. As far as is known, labor
legislation is applied uniformly throughout the PRA.
c. Prohibition of Forced or Compulsory Labor
Existing PRA legislation authorizes compulsory labor for
breaches of labor discipline and participation in strikes. On
the basis of this legislation, the International Labor
Organization (ILO) in 1984 cited the PRA for being in
violation of ILO Convention 105, which prohibits forced
labor. Also, in 1988 the ILO Committee of Experts cited the
PRA for its failure to bring its legislation into conformity
with ILO Convention 105, which the PRA had ratified in 1976.
During 1989, both the PRA and UNITA accused each other of
relying on forced conscription of young males for recruitment
into the military forces.
d. Minimum Age for Employment of Children
There is no information available on this subject.
e. Acceptable Conditions of Work
There is also no information available on this subject.
14
PENIN
The People's Republic of Benin is a single-party state headed
by President Mathieu Kerekou, who came to power in a military
coup in 1972. In 1974 President Kerekou declared Benin to be
a Marxist-Leninist state under the direction of a single
political party, the People's Revolutionary Party of Benin.
However, on December 7, 1989, the party's Central Committee,
the standing committee of the National Revolutionary Assembly,
and the National Executive Council (cabinet ministers plus the
six provincial governors), under the chairmanship of the
President, announced that Marxism-Leninism was no longer the
State's official ideology.
Benin's Armed Forces number approximately 4,000 personnel. In
addition to the regular army, there are small navy, air force,
and militia contingents. The army is the main internal
security force, backed by the paramilitary gendarmerie,
regular police units, the presidential guard, and the
Documentation and Information Service, the Government's
intelligence agency.
Benin's unCerdeveloped economy is largely based on subsistence
agriculture, cotton production, regional trade, and a low
level of offshore oil production. In June the Government
signed agreements with the World Bank and the International
Monetary Fund which included austerity reforms, e.g., reducing
the number of state enterprises, cutting wasteful fiscal
expenditures, deregulating trade, and encouraging private-
sector activity. Benin's small modern economy, however,
remained depressed in 1989 due to falling world prices for
local exports, relatively high debt service charges, and
widespread unemployment.
Human rights continued to be circumscribed in 1989. In the
face of social unrest and strikes by students, teachers, civil
servants, and even some military personnel over the
deteriorating economic situation and alleged corruption, the
Government cracked down hard on demonstrators in January,
February, and December 1989, killing one worker and two
youths, including a 12-year-old, and detaining a number of
persons. On August 29, 1989, the President granted a general
amnesty and clemency to 133 political detainees, to another 30
persons accused of coup-plotting, and to 29 persons in exile.
He also stressed the importance of human rights by: approving
a visit from an Amnesty International (AI) mission in April;
authorizing the establishment of a nongovernmental National
Commission on Human Rights; and personally visiting the
military Camp Guezo Detention Center in June to discuss with
security officials the problem of arbitrary detention. Major
human rights concerns included mistreatment of prisoners and
detainees, arbitrary detentions, restrictions on freedoms of
speech, press, assembly, and the right of citizens to change
their government.
RESPECT FOR HUMAN RIGHTS
Section I Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings in Benin in 1989, but the Government's use of lethal
force in countering public disturbances and strikes in 1989
15
BENIN
led to the deaths by gunfire of at least one striking factory
worker at Save in January and two young demonstrators in
Cotonou in December.
b. Disappearance
There were no reports of disappearances in 1989.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Beninese penal code requires that prisoners be treated
consistent with "prison discipline and security."
Mistreatment of prisoners and detainees occurs. Cases of
prison death from torture (primarily beatings), disease, or
poor prison conditions were reported by private sources and by
AI in its 1989 Report.
There were credible reports that two prisoners died after
having been tortured in 1989. Serge Gnimadi, a 21-year-old
member of the National Union of High School Teachers, was
arrested on January 23 for allegedly engaging in vandalism and
other activities threatening public order during strikes in
Porto Novo. He died in prison at the end of February; the
Government stated tetanus was the cause of death. Luc
Togbadja, a student arrested for transporting antigovernment
tracts on March 3, was detained at Cotonou's Camp Guezo until
May 6. He was then moved to the Petit Palais, a security
forces installation, and reportedly beaten to death there.
President Kerekou visited Camp Guezo shortly thereafter to
investigate allegations of human rights abuses, but at the end
of 1989 there had been no report or formal investigation, and
no disciplinary action had been taken against responsible
persons .
Prison conditions in Benin are very poor. Sanitation and
medical facilities are deficient, and the prison diet is
inadequate unless supplemented by food from friends or
relatives. Much public attention has centered on conditions
at two remote detention centers: the civil prison in Segbana,
where there had been protests in 1988, and Sero Kpera military
camp in Parakou. The amnesty in August reportedly eased
significantly the overcrowding in several prisons, including
Segbana, where members of the Dahomey Communist Party had been
detained.
d. Arbitrary Arrest, Detention, or Exile
While Benin's legal system requires judicial review of
detention, this is not always observed in political cases.
The Constitution states that no citizen may be arrested
without an arrest order authorized by an established judicial
body. However, there is no time limit with respect to
charging a defendant or bringing the accused to trial. In
practice, persons have been detained incommunicado, some for
extended periods, without charge and without recourse to legal
assistance or judicial hearing. Outside the judicial system,
the Government has used an administrative body, the Permanent
National Commission of Inquiry, to question political
detainees about their activities and to decide whether they
should remain in custody.
The President publicly addressed the question of arbitrary
arrest and detention in 1989. On June 20, he visited Camp
Guezo (Benin's military and security headquarters) to discuss
16
BENIN
military personnel involvement in arbitrary arrests.
President Kerekou asked security officials for a complete
accounting of all prisoners being held at the camp and warned
against arbitrary detention. Kerekou then organized a June 22
working session with a number of security and judiciary
personnel and ordered them to settle quickly all proven cases
of arbitrary arrest. By year's end, this was accomplished.
There was no evidence of further investigation of, or actions
taken against, security officials.
At the beginning of 1989, over 200 Beninese were believed
detained in various prisons for political reasons. During the
January-February 1989 strikes, 68 persons were arrested for
vandalism or otherwise disturbing public order. On April 1,
40 detainees were released from Camp Sero Kpera in Parakou.
Among these was Dr. Afolabi Biaou, who had been arrested in
1985 and detained since then without charge. Both AI and the
American Association for the Advancement of Science had made
appeals in his case. An unknown number of persons were also
arrested during antigovernment demonstrations in early
December. Most are believed to have been released.
The August amnesty freed 133 political detainees, including
several whose cases had been noted by AI , the International
Human Rights Law Group, and the American Association for the
Advancement of Science. They included: Anselme Agbanoundo, a
geological engineer arrested in October 1985; Thomas Houedete,
an economist and professor at the University of Benin,
arrested in October 1985; Didier D'Almeida, arrested in
November 1984; Yako Toko Chabi, in detention since 1985; and
Jonas Gnimagnon, Chairman of the Committee of Wives and
Relatives of Prisoners of Conscience, arrested in May 1989.
The Government had reportedly suspected these persons of ties
to the banned Dahomey Communist Party.
The August amnesty also freed 30 persons suspected of coup
plotting in 1975 and 1977. At the end of 1989, as many as 20
others remained imprisoned for alleged involvement in more
recent conspiracies to overthrow the Government. One group,
allegedly involved in a March 1988 plot, is still awaiting
trial. A second group, implicated in a Libyan-backed plan to
overthrow President Kerekou, was tried and sentenced in
February 1989.
There was no use of forced exile in Benin as a means of
political control in 1989. The August amnesty also included
an invitation for 29 voluntary exilees to return to Benin,
although it is not confirmed that any had accepted the amnesty
by the end of the year.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
Benin's legal system is based on French civil and customary
law. In recent years, a civilian court system organized on
provincial and national levels has operated, with the People's
Central Court as the highest regular court of appeal. In
September 1988, the Government held elections for civilians to
sit on local tribunals for the first time. Defendants have
both the right to be present at their trial and the right to
an attorney (at public expense, if needed).
In the past, the Government rarely brought security cases to
the trial stage. However, in 1988 a new law established the
17
BENIN
State Security Court, and in 1989, as noted above, a number of
political opponents charged with involvement in a
Libyan-backed plot were tried before this Court in an open
trial and sentenced in February. Their testimony, including
segments critical of government policy, was broadcast on
public television.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Benin's Constitution provides for the inviolability of the
home and requires a warrant from a judge before the police can
enter a residence. In practice, authorities enter homes
without a warrant in suspected security cases. Reports
indicated that the security police also monitor telephones and
the mail of persons suspected of antigovernment activities.
Section 2 Respect For Civil Liberties, Including:
a. Freedom of Speech and Press
Public expression of political opinion is controlled, and open
criticism of the Government, as occurred during the 1989
strikes and disturbances, is not permitted. However, some
negative coverage of the Government and its policies appeared
in the independent press during 1989. Most Beninese appear
willing to discuss politics freely in private or in small
groups, even in the presence of foreigners.
The Government owns and operates the local radio and
television stations and one daily newspaper. The Beninese
media also includes three independent private newspapers (La
Gazette du Golfe, Tam-Tam Express, and La Recade) , as well as
La Croix, a weekly paper published by the Catholic Church, and
Echo, a monthly journal of opinion circulated throughout West
Africa. The official media generally carry those stories that
are approved by, or serve the interests of, the State.
Private newspapers treat controversial political issues with
circumspection, but many articles appeared in the private
press in 1989 mildly criticizing President Kerekou and the
party on various domestic political and economic issues.
There are limits to such criticism, however, as in March the
Government arrested and briefly held Parfait Agbele, a
journalist with the Gazette du Golfe, reportedly after he had
begun research for a story on Luc Togbadja's death. In
September the Government confiscated a number of copies of the
Gazette after it had published a controversial opinion poll on
the Government, and in October it suspended the paper "until
further notice." The suspension was canceled on December 8
but with the caveat that future editions be submitted to the
Government for prior censorship.
There is normally no censorship of foreign books or artistic
works. Foreign periodicals are widely displayed on
newsstands, and foreign radio broadcasts are readily available
to much of the population through shortwave radio. No attempt
is made to interfere with foreign radio broadcasts.
b. Freedom of Peaceful Assembly and Association
In recent years, the Government has permitted the formation of
a number of nonpolitical , private, social, service, and
professional organizations. All meetings of a political
nature, however, must be approved by the State. The
18
BENIN
Government used gunfire against alleged stone-throwers
participating in antigovernment demonstrations in 1989.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
Christianity, Islam, and traditional religions all coexist in
Benin, and adherence to a particular faith does not confer any
special status or benefit. There are no restrictions on
religious ceremonies, teachings, or foreign clergy, and
religious conversion is freely permitted.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Domestic movement is not restricted. Passport and exit
permits are necessary for travel outside West African
countries but are usually not difficult to obtain. Emigration
is common; many Beninese move to neighboring countries to earn
a living and do so without jeopardizing their citizenship.
The Government encourages the repatriation of its citizens
living abroad but with only limited success to date.
According to the United Nations High Commissioner for
Refugees, there were 869 identified refugees in Benin as of
August 1989, 808 of whom were Chadians who had fled the
fighting in their country. Although some settled in Benin,
many now were in the process of returning to Chad. The
Government imposes no restriction on the return of refugees.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens do not have the right to change their government
through democratic means. Political leadership is exercised
by President Kerekou and a small group of senior officials,
many of whom are military officers. The Cabinet and Political
Bureau are made up of persons from a variety of ethnic groups
and geographic areas. The People's Revolutionary Party, the
sole recognized political party, controls the selection of
candidates for the National Revolutionary Assembly and local
government bodies. While party membership is not a requisite
for holding office or for civil service employment, it can be
helpful for political and career advancement. The National
Revolutionary Assembly itself rarely takes issue with policies
formulated by the President. In the June elections for the
National Revolutionary Assembly Beninese citizens voted "yes"
or "no" for a single slate of candidates, chosen in advance.
There were reports of soldiers intimidating voters, and at a
number of polling stations the principle of the secret ballot
was not honored. The Assembly, which has little influence on
policymaking, reelected Kerekou without opposition to the
Presidency 2 months later.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
In the past, the Government considered any attempt to
investigate human rights practices to be interference in its
internal affairs. However, 1988-1989 saw a change in that
policy. In 1988 the International Committee of the Red Cross
19
SESIS.
was permitted to visit Benin and investigate prison
conditions. In April 1989, AI representatives visited Benin
to discuss the organization's concerns on a number of human
rights issues.
In April the National Revolutionary Assembly passed a law
creating the Beninese Commission on Human Rights. The
Commission, which at the end of 1989 was still in the process
of being organized, is a nongovernmental entity designed to
promote human rights and review complaints forwarded by
private citizens. It will be comprised of 45 members,
including lawyers, representatives of nongovernmental
organizations, and government officials.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There is no evidence that discrimination based on race, sex,
religion, language, or social status exists in Benin.
The Constitution states that women are by law the equals of
men in the political, economic, cultural, and social spheres,
and the Government officially encourages opportunities for
women. The Constitution also notes that the State "protects
the family, in particular, the mother and child" and calls for
the development of maternity hospitals and childcare
facilities. Female employees have the right to paid maternity
leave, although the actual enjoyment of this benefit is
limited mostly to civil servants, teachers, and other
professionals. Beninese women play a major role in the
commercial sector as well as in small-scale family farming,
but they have not traditionally had the same educational
opportunities as men.
Violence against women, such as wife beating, has been given
little attention by the Government. Civil penalties may be
applied in cases of domestic violence, but the police and
courts are often reluctant to intervene, considering such
affairs to be "family matters." The Organization of
Revolutionary Women of Benin serves to transmit government and
party policy on such issues and make known women's views to
the leadership.
According to several local medical practitioners, the practice
of female circumcision is not widespread in Benin. However,
published reports in the United States suggest about 20
percent of the female population is subject to this practice,
mostly in the northern part of the country. The Government is
making efforts to eradicate this practice through an education
campaign conducted by government-employed health workers, and
there are signs that the practice is diminishing, especially
in urban areas.
Section 6 Workers Rights
a. The Right of Association
Benin's Constitution states that "union activities are
guaranteed to workers," and workers are free to join the union
of their choosing. However, the National Workers' Union of
Benin (UNSTB), which is closely linked to the Government and
party (the President of the National Assembly acts as head of
the UNSTB), is the only legally recognized trade union
federation in the country. Approximately 75 percent of wage
earners belong to organized labor unions. Civil servants are
20
BENIN
obligated to join the UNSTB as a condition of their
employment. In August Benin's National Union of High School
Teachers declared its independence from the UNSTB and 2 weeks
later held a widely publicized and cordial meeting with
President Kerekou.
While the right to strike is not explicitly denied or
protected in the Beninese labor code, the last labor strike
prior to 1989 occurred in 1975 and was forcibly suppressed by
the Government after 3 days. However, at various times during
1989 civil service employees at all 15 government ministries,
teachers, and professors went on strike for nonpayment of
salary arrears. Given such broad opposition, the Government
did not interfere with the strikes, but it arrested several
persons who allegedly engaged in vandalism or other activities
causing public disturbances during the strikes. Also, during
a strike by workers at the sugar cane factory at Save in
January 1989, soldiers reportedly opened fire into the crowd
in an attempt to restore order, killing at least one worker.
The UNSTB is affiliated with the Organization of African Trade
Union Unity and the Communist-controlled World Federation of
Trade Unions.
b. The Right to Organize and Bargain Collectively
Collective bargaining is provided for under the Beninese labor
code. Individual labor unions negotiate with employers on
labor matters and represent workers' grievances to employers
and to the Government. The Government often acts as arbiter.
Until the National Union of High School Teachers became
independent in August, all labor organizing and collective
bargaining took place under the umbrella of the
government-controlled UNSTB. The Beninese labor code
prohibits employers from taking union membership or activity
into account when making decisions on hiring, work
distribution, professional or vocational training, or
dismissals. Benin's labor laws apply throughout the country,
including in the export processing zone.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited under Article 3 of
the Beninese labor code and is not practiced.
d. Minimum Age For Employment of Children
The Beninese labor code prohibits the employment or
apprenticeship of children under the age of 18 in any
enterprise. However, enforcement is erratic at best, and
child labor does occur, especially in the subsistence economy,
where children below the age of 14 often work on family farms.
e. Acceptable Conditions of Work
Benin's labor force of 1.9 million (out of a population of 4.5
million) is primarily employed in agriculture (80 percent),
with less than 2 percent of the population involved in the
industrial (wage) sector. For the wage sector, the Beninese
labor code establishes a 40-hour workweek and sets a minimum
wage of approximately $40 per month. In many instances,
however, the Government's ability to enforce labor laws and
regulations in the wage sector is limited by a shortage of
administrative and financial resources and a difficult
21
BENIH
economic environment in which unemployment is high. The
minimum wage level normally provides for a degree of food and
housing for a family, but in order to provide a decent living
it usually has to be supplemented by other means, such as
subsistence farming.
The Government has given vigorous support to policies designed
to improve the conditions of workers in both the agricultural
and industrial sectors. It has, for example, committed itself
to the provision of free or low-cost medical care and social
services and set occupational safety standards. The labor
code sets stringent health and safety standards, but again the
resources needed to enforce these regulations are limited.
22
BOTSWANA
Botswana is a multiparty democracy. The Constitution vests
executive power in the President, currently Quett K. J.
Masire, who was elected in 1984. The President selects the
Cabinet from the 38-member unicameral National Assembly.
While there are several political parties in Botswana, in
practice the country's politics are dominated by the ruling
Botswana Democratic Party (BDP), which has held a large
parliamentary majority since independence in 1966. All
citizens, including whites, are free to participate fully in
the economic and political life of Botswana.
Botswana's small army, the Botswana Defense Force (BDF),
consists of 6,200 soldiers. The national police force numbers
about 2,900. Both the BDF and the police are subordinate to
civilian authority. The army is still being expanded to help
resist incursions by the South African Defense Force (SADF)
against suspected ANC (African National Congress) targets in
Botswana. There were no cross-border raids by South African
defense forces in 1989. However, there were continued bomb
threats and minor explosions (believed by local observers to
be engineered by South Africa) which reinforced Botswana's
security worries.
Botswana has a mixed economy and strongly encourages private
enterprise. Fueled by the development of mineral resources,
especially diamonds, the country's economy has grown at a
rapid rate, with real growth in gross domestic product (GDP)
averaging 11 percent since 1979. Since independence in 1966,
per capita GDP has increased from $69 to approximately $1,500
in 1988. However, some 75 percent of Botswana's population
lives in rural areas and remains partially dependent for its
livelihood on subsistence farming and animal husbandry.
Botswana's human rights record remained good in most
respects. The legal rights of citizens are provided for by
law and respected in practice. Political violence is
virtually unknown, and there is a wide range of public
expression. However, violence against women is a persistent
problem in a male-dominated society, and mistreatment of
detainees, though not condoned by the Government, persists.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reported killings instigated either by the
Government or opposition groups. Unlike previous years, there
were no casualties from alleged South African incursions
against suspected ANC targets in 1989.
b. Disappearance
There were no reports of politically motivated disappearances
in 1989.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There are continuing reports of police improperly treating
persons in custody. Some lawyers report that the police often
beat up suspects and detainees, although the practice is not
23
universal or condoned by political leaders or government
officials. Penalties for police abuses can range from
internal police disciplinary action to regular criminal
prosecution, as in a recent case where a constable was
prosecuted for unlawful wounding of a suspect. Police may
also be sued in civil court if they abuse arrestees.
Flogging is commonly used as a sentence for men for a variety
of offenses, including violation of prison rules, rape, armed
robbery, burglary, and related offenses.
d. Arbitrary Arrest, Detention, or Exile
Citizens are protected from arbitrary arrest under the
Constitution. After an arrest, a suspect must be charged
before a magistrate within 48 hours. Once a suspect has
appeared before a magistrate, he can be detained only if the
magistrate issues a writ of detention, which is valid for 14
days. The detention writ must be renewed every 14 days
thereafter. There are complaints that police and rangers from
the Department of Wildlife sometimes hold people longer than
the prescribed 48 hours, but it is not a general practice and
offending officers are punished or sued successfully in civil
actions. Persons charged under the National Security Act must
be arraigned before a magistrate within 96 hours. Under this
Act, suspects, once arraigned, may be held indefinitely, but
this Act has rarely been invoked in practice. There are no
reported abuses of these detention procedures. There is a
functioning system of bail, and arrestees have access to
attorneys of their choice, although there is no functioning
system of public defenders for those unable to afford a lawyer.
There is no practice of incommunicado detention in Botswana.
However, Botswana does not promptly or automatically notify
embassies when foreign citizens are detained or arrested.
The Constitution allows the President to declare a person a
prohibited immigrant and deport him from. the country. No
explanation is required, nor is any normally given, and the
order is not subject to judicial review. A prohibited
immigrant can reenter Botswana only with the permission of the
President or his designated representative. In 1989 one
person, a British journalist, was deported under this
provision, reportedly for maintaining a relationship with
African National Congress supporters.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
Botswana's judiciary is independent of the executive and
legislative branches of government in both law and actual
practice. Botswana has two court systems, the regular courts
and the customary (traditional) courts.
In the regular courts, the defendant's rights to due process
are guaranteed by law and largely honored in practice. Trials
are held in public, and court records are public. Trials
under the National Security Act (NSA) may be held in camera,
but no trials took place in 1989 under the NSA. Defendants
have the right to be represented by an attorney, but the
courts as a rule only appoint public defenders for those
charged with capital crimes (murder and treason) ; the lawyers
in these cases serve on a pro bono basis. Thus, those charged
with noncapital crimes are often tried without legal
24-900 O— 90-
24
BOTSWANA
representation if they cannot afford an attorney. Defendants
can confront witnesses and present evidence. While the burden
of proving guilt lies with the prosecution in ordinary
criminal cases, some provisions of the National Security Act
appear to shift the burden of proof to the accused. However,
these provisions have yet to be tested because the Government
has not yet brought charges under the National Security Act.
The customary courts usually handle land, marital, and
property disputes as well as minor crimes. There are clearly
defined appeal procedures and appeal courts in both systems,
with the possibility of appeals to the highest court in
Botswana, the High Court. Customary courts are open only to
members of a tribe. The chief presides over the court, and
there are no attorneys for either side.
There were no political prisoners in Botswana at the end of
1989. Two South African commandos, who were convicted of
treason in October 1988 for their participation in a bloody
commando raid inside Botswana, remained in prison.
(Botswana's law, which is based on Roman-Dutch law, allows
even noncitizens to be charged with treason.) The High Court
turned down the commandos' appeal in July 1989, although it
did set aside the sentence of corporal punishment.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
These rights are safeguarded by law and respected in
practice. A search warrant issued by a magistrate is required
for an official to enter a private residence, except in cases
of suspected diamond theft, drug trafficking, or national
security matters. There were no reported instances where this
exceptional authority was exercised in 1989.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press:
Freedom of speech and press are provided for in the
Constitution and are respected in practice. Opposition
viewpoints and criticism of the Government are freely
expressed, as was evident during the campaigning for the
October parliamentary elections. In two instances the police
videotaped political rallies, but a public outcry forced them
to cease this practice.
Although the Botswana Press Agency (BOPA) is part of the
Department of Information and Broadcasting, it functions with
a great deal of autonomy, and its editorials do not always
reflect the Government's view. However, both the Government
and the independent press follow unwritten rules against
criticizing senior officials directly or discussing the
personal lives or financial affairs of important figures.
Morever, one independent newspaper which printed a story
critical of the Government soon found few advertisers and
attributed this action to government pressure. In addition,
access to government officials is difficult for the
independent press as civil servants reportedly prefer the
"tame" reporters from BOPA.
There is an ongoing debate on the proper coverage of national
security issues, which has, in the past, brought the
independent press under strong government criticism.
Controversy arose in 1988 when the Government barred reporters
25
BOTSWANA
and seized their notes during the court-martial trial of a
Botswana Defense Force (BDF) corporal, claiming "national
security" would be compromised by coverage of the trial. The
press insisted that the Government was using "national
security" to mask politically embarrassing facts.
Books and publications are not censored. Academic freedom is
respected.
b. Freedom of Peaceful Assembly and Association
Botswana has a long history of peaceful assembly which is
integral to their traditional village life and is exemplified
in the village meeting, the kgotla. During kgotla meetings,
people freely question leaders and voice opinions on local
politics. Permits are required for public meetings and
demonstrations and are usually granted as long as the police
believe public order will be maintained.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
Freedom of religion is practiced and encouraged. There is no
state religion in Botswana, although the majority of the
population claim a denomination of Christianity as their
belief. Active groups of Hindus, Muslims, Baha'is, and others
practice their faiths freely. There are no restrictions on
religious groups, their places of worship, the training of
members of clergy, religious publishing, religious education,
conversion, or participation in charitable activity.
Missionaries are allowed to enter the country and proselytize,
and foreign clergy can enter and serve expatriate
congregations. There is no discrimination based on religion.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Citizens of Botswana are not restricted in their movements
within the country, in their foreign travel, emigration, or
their right to return. Passports are easily obtained.
Refugees documented by the United Nations High Commissioner
for Refugees (UNHCR) are readily accepted into Botswana,
although they are required to live in the refugee settlement
at Dukwe. Refugees may be authorized to live elsewhere for
documented reasons. Due to allegations from neighboring
countries that refugees are using Botswana as a launching area
for operations against their home countries, Botswana has
declared that Dukwe refugees found off the settlement without
permission will have abandoned refugee status and will be
repatriated.
Although the Government revoked the refugee status of
Zimbabweans remaining in Botswana in July 1989, the
Government, in cooperation with the UNHCR, has been remarkably
understanding regarding their plight. The Government has
given special consideration to integrating selected persons,
including students and employed workers.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have the right peacefully to change their government
through democratic means, although in practice one party, the
26
BOTSWANA
BDP, has dominated Parliament since independence. The
President and Members of Parliament are elected by universal
suffrage and secret ballot. Thirty-four of the 38 members of
the National Assembly are elected every 5 years; the remaining
4 are appointed by the President. Following the October
elections, the BDP holds 28 of the 34 elective seats in the
National Assembly. At present there are eight political
parties. Two of the parties were established just prior to
the deadline for registering parties for the October
elections. At the end of 1989, three of the parties were
represented in Parliament.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There were no international investigations of human rights in
Botswana in 1989, and the Government continued to permit
international organizations involved in humanitarian affairs
to operate in the country. In general, the Government rarely
comments on human rights violations in other countries though
it frequently denounces South Africa's apartheid.
There are no active human rights organizations in Botswana
which focus specifically on domestic issues, but a
national-level, nongovernmental human rights watch group, the
Botswana Association for Human Rights, was in the process of
organization at the end of 1989. The goals of the Association
are to focus national attention on those laws which need to be
amended, to make recommendations to the national law reform
committee, to heighten public awareness about human rights,
and to pressure the Government to ratify more of the existing
international instruments on human rights.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Tswana majority comprises an estimated 95 percent of the
population. Although ethnic differences are not entirely
absent, no ethnic or other group suffers from serious
discrimination. Groups that live in remote areas, including
the Kgalagadi and the San (formerly called bushmen) , are
becoming increasingly integrated into social service programs,
but still lag behind the rest of the population in terms of
educational and economic development and continue to be poorly
represented in the political arena.
Women make up 53.9 percent of the population, and almost 50
percent of female Batswana are heads of households.
Political, social, and economic opportunities for women are
limited by a series of laws, and women have no legal recourse
to challenge sex discrimination cases.
Women married under either common law or customary (tribal)
law are subject to practices in which wives assume a legal
status equivalent to the husband's child. Essentially, this
means that a woman cannot make a legally binding agreement
without her husband's consent or assistance. A woman can
enter a binding transaction as a public trader, but she can
become a trader only with the consent of her husband. Under
customary law the husband is permitted to have other wives
after consulting with the first wife and the families.
Deference to the husband's wishes also carries over into the
health field where a women is required to obtain her husband's
permission for the use of contraceptives or for such operations
27
BOTSWANA
as a hysterectomy.
Many observers believe that domestic violence is common in
Botswana and is increasing. Under customary marital
practices, men have traditionally held the right to physically
"chastise" their wives, although this attitude is gradually
changing. Because marital problems are considered to be a
problem to be dealt with between the husband and the wife, the
police are reluctant to intervene. Frequently problems are
settled through the extended families, and as a result, few
cases of domestic violence ever come before the courts. The
incidence of rape is also increasing in Botswana. The maximum
penalty is life imprisonment with mandatory corporal
punishment; the average sentence is 4 years with corporal
punishment. A form of female circumcision exists in Botswana,
but is rarely performed and only by traditional doctors.
The Government has been slow to introduce reforms to improve
the status of women. The governing party only established a
women's wing in 1987 to focus on women's issues. There has
been, since 1981, in the Ministry of Home Affairs, a women's
affairs unit, which iias published a woman's guide to the law
and information on the citizenship law and undertaken research
on maternity leave problems, teenage pregnancy, and various
laws affecting women.
Section 6 Worker Rights
a. The Right of Association
Workers are free to establish or join labor unions.
Government workers who are pensionable may not join unions,
although they may have associations that function as
quasi-unions . Unions are well developed in the mineral sector
and also among railway workers and bank employees, but other
sectors are less well organized by trade unions. There is one
major confederation of unions, the Botswana Federation of
Trade Unions (BFTU) .
Trade unions in Botswana are independent of government control
or party affiliation, and they actively seek to represent the
interests of their members. However, union leadership is
severely restricted by a government regulation that requires
all elected union officials to work full time in the industry
their union represents. This practice has been criticized by
the International Confederation of Free Trade Unions (ICFTU),
which has also noted that "the dissolution of trade union
organizations by government is possible under the law at all
times. "
Botswana also severely restricts the unions' right to strike.
Legal strikes are theoretically possible, but only after an
exhaustive arbitration process, so that there has never been a
legal strike in Botswana's history. However, illegal wildcat
strikes were common in 1989, including major job stoppages by
teachers and bank employees. Once a strike has been declared
illegal by the Government, management has the right to dismiss
employees, and strikers can be jailed. The Government has yet
to employ such extreme measures against strikers, although the
Government did withhold prestrike pay from striking teachers.
Unions may freely join international organizations and labor
representatives regularly attend international conferences.
BFTU is affiliated with the ICFTU. In addition, the Botswana
Mine Workers Union belongs to a regional mine workers' union
28
BOTSWANA
federation. However, unions have chafed under government
regulations which prohibit unions from receiving financial
contributions from outside Botswana.
b. The Right to Organize and Bargain Collectively
Although employers are required under the Trade Union Act to
bargain with any trade union that has organized at least 25
percent of the work force, the actual frequency of collective
bargaining varies depending upon the organizing strength of
the union in a particular industry. Collective bargaining is
common in sectors such as mining and railways where the trade
unions are relatively strong, but virtually nonexistent in
other sectors. Collective bargaining is also limited by the
Government's incomes policy, which sets public sector salaries
as a benchmark for private sector wage settlements.
Although there are laws in Botswana which prohibit employers
from dismissing workers for union activities, there is some
dispute as to how well they are enforced. Other reasons are
always given for such dismissals, so it is difficult for the
dismissed employee to prove that union activities were the
real reason. Dismissals can be appealed to labor officers or
the civil courts, but labor officers rarely do much more than
order 2 months' severance pay, and most workers cannot afford
civil litigation. There are no export processing zones in
Botswana. Labor laws are applied uniformly throughout the
country.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is not practiced in Botswana and is
specifically forbidden in the Constitution.
d. Minimum Age for Employment of Children
Botswana law prohibits the employment of children under 12
years of age by anyone except members of the child's immediate
family. No juvenile under the age of 15 may be employed in
any industry, and only those over 16 may be employed in night
work. No person 16 or younger is permitted to work in
hazardous jobs, including mining. Botswana law also protects
young people from recruiters for jobs outside the country.
There are reports that some scattered violations of these
standards do occur, especially in small-scale enterprises, in
large part because the Department of Labor in the Ministry of
Labor is insufficiently staffed to enforce full compliance.
Although education is not yet compulsory, it is almost
universally available, and most children attend school at
least through the primary grades. The Government has
indicated it hopes to make 9 years of education compulsory by
1992.
e. Acceptable Conditions of Work
Botswana requires a minimum wage of approximately $80 per
month. The minimum wage is generally enforced. This amount
is barely adequate for one person to maintain a decent
standard of living, and, in most cases, workers must
supplement this amount through other means, such as
subsistence farming. Most Botswana families have more than one
wage earner.
Botswana law mandates a maximum 48-hour workweek, with
provisions for overtime pay (time and a half) for work over 48
29
BOTSWANA
hours. Most major employers adhere to the workweek laws, but
some smaller firms refuse to pay overtime, and no action is
taken against them.
The Government sets job health and safety standards, and these
regulations appear to be generally observed, although the
Department of Labor lacks personnel to ensure enforcement
30
BURKINA FASO
Burkina Faso is ruled by a military regime headed by Captain
Blaise Compaore, who took power from Thomas Sankara on October
15, 1987 in the country's fourth military coup since 1980.
The new military regime continued the ban on political parties
and activities and gave no indication that the country will
return to constitutional rule. Instead, President Compaore
moved to firm up a narrow political base by forming a "popular
front" of various leftwing and centrist groups, military
officers, and miscellaneous civilians to assist in running the
Government. He has also formed a network of Revolutionary
Committees (CR's), loosely organized at national, regional,
and local levels, to mobilize the population and promote
revolutionary goals.
The Burkina Faso armed forces number about 7,500 members,
including 5,200 in the army, 100 in the air force, and 2,200
in the paramilitary gendarmerie and the police. All police
and internal security forces are controlled by the Ministry of
Defense.
Burkina Faso, one of the world's poorer countries, is
overwhelmingly tied to subsistence agriculture, with 90
percent of the population living in rural areas. Agriculture
is, however, highly vulnerable to fluctuations in rainfall.
Frequent drought, lack of communications and other
infrastructure, a low literacy rate, and a stagnant economy
are all longstanding problems. The country has a per capita
income of about $180 per year.
Human rights continued to be circumscribed in 1989. Problem
areas were extrajudicial killings, arbitrary detentions,
mistreatment of detainees, and restrictions on press, speech,
assembly, and the right of citizens to change their government
through peaceful means. The Government did allow the
establishment of a local human rights organization (which
intervened in some specific cases), permitted some political
groupings to form and distribute pamphlets discreetly, and
released all political opponents held in prison.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Four members of the armed forces were summarily executed
without trial in September 1989 after allegedly plotting a
coup d'etat. The four were Minister of Defense Major
Jean-Baptiste Lengani, Minister of Economic Promotion Captain
Henri Zongo, the officer in charge of the communications unit,
Captain Sabyamba Koundaba, and an unidentified bodyguard of
the Minister of Defense. After the coup attempt of Christmas
1989, the Government made a point of denying rumors that 7
people had been executed and said all arrestees would receive
trials .
b. Disappearance
There were no reports of politically motivated disappearance.
31
BURKINA FASO
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and mistreatment of detainees have been persistent
problems for a number of years. Amnesty International
published a special report in 1988, "Burkina Faso, Political
Imprisonment and the Use of Torture from 1983 to 1988," giving
accounts of the imprisonment of political opponents and
torture under the present and preceding governments. Police
brutality continued in 1989, although there were fewer
credible reports, usually involving severe beatings, often at
the time of apprehension. A Catholic Church-sponsored
organization has alleged that the police and gendarmerie beat
and tortured at least 15 people arrested for political reasons
in 1989. The Government denied that anyone has been tortured.
Prison conditions are poor, with most prisons holding double
their design capacity, and are characterized by the lack of
sufficient food, minimum hygiene, and medical support.
d. Arbitrary Arrest, Detention, or Exile
There were continuing reports in 1989 of arbitrary arrest.
The law permits preventive detention without charge for a
maximum of 72 hours, renewable for a single 72-hour period in
criminal cases. In practice, there are frequent violations of
this restriction in cases involving both Burkinabe and foreign
nationals, especially in political cases. Several
schoolchildren, for example, were held in detention without
charge for a number of months in 1988. In addition, in cases
of emergency or national security, the military code, which
provides for indefinite detention, overrides the civil code.
Access to lawyers is not normally permitted in security cases,
although it is provided for by law.
The Government detained several persons for political reasons
during 1989, but by the end of the year all had been released,
many within a few days of their arrest. Immediately following
the discovery of the alleged coup plot on September 18, three
or four government officials were arrested and held briefly
for questioning. These persons were later released, but four
others were summarily executed without trial. The Government
also released a number of persons detained since the overthrow
of the Sankara government in 1987, including former Interior
Minister Ernest Nongria Ouedraogo. In this connection, 23
junior military personnel, detained at various times since
Sankara "s overthrow on s-uspicion of coup-plotting, were
released August 4, 1989. An unknown number of people were
arrested as a result of a coup attempt over Christmas 1989.
Numbers rumored range from 5 to 30 prisoners, including
military personnel. They were still being held at year's end,
and the Government had provided no names or other information,
despite requests.
Some intellectuals, ex-military officers, and former
government officials remain in self-imposed exile abroad,
partly due to fear for their safety should they return.
Captain Boukary Kabore, leader of resistance at Koudougou
airforce base against Compoare's coup in 1987, is now exiled
in Ghana. He charged in 1989 that the popular front
Government is attempting to liquidate all remaining Sankara
loyalists. The Government has encouraged opponents of the
Sankara regime to return home, but few have done so. Kabore
stated in an interview in November that if he had the chance
to seize power in Burkina, he would do so.
32
BURKINA FASO
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
The regular judiciary, patterned after the French system, has
continued to function for most criminal and civil cases.
Defendants traditionally receive a fair trial and are
represented by counsel. In 1987 the Government began the
practice of appointing civil service attorneys to represent
those who do not wish to retain, or are unable to afford, a
private attorney.
The people's revolutionary courts begun under Sankara
continued to hear cases primarily involving public
corruption. The president of each people's court is a
magistrate appointed by the Government to head a tribunal
composed of magistrates, military personnel, and members of
the CR's. The court president asks questions directly of the
defendant .
In December 1988, seven soldiers were convicted by a military
court in Bobo Dioulasso. The trial was held in secret, and
the seven were executed the day after conviction without an
opportunity to appeal. In the 1989 case of the four persons
summarily executed, there was no known trial.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Government authorities generally do not interfere in the daily
lives of ordinary citizens, and there is no general monitoring
of private correspondence or telephones. Under the law, homes
may be searched only under authority of a warrant issued by
the attorney general. An exception exists, however, in
national security cases, where a special law permits
surveillance, searches, and monitoring of telephones and
correspondence without a warrant. This law is used against
persons suspected of opposition to the Government.
The Government encourages participation in the CR's and also
in organizations being formed to support the Popular Front.
However, it was still not clear in 1989 if lack of
participation will result in dismissals from civil service
positions, as was the case in previous regimes.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
While there is no formal government censorship, the Government
employs intimidating methods to limit freedom of speech and
press. For example, repeated references by the regime to
enemies of the State at home and abroad inhibit both
government-employed journalists and ordinary citizens from
expressing critical views. Similarly, it uses occasional
dismissals from government service and arbitrary arrest to
quash debate on political topics. In 1989 several persons
were arrested and held briefly for distributing political
leaflets .
Under the control of the Minister of Information, the media,
which consists of a daily newspaper, a weekly magazine, a
monthly magazine, and radio and television stations, are all
government owned, and all journalists are civil servants. The
media do not engage in serious criticism of the Government and
33
BURKINA FASO
reflects government positions on both international and
national issues. Journalists who try to report stories
without political bias may be replaced for failing to support
sufficiently the political views of the Government. In 1989 a
private newspaper, L 'Observateur , attempted to publish its
first edition since it was burned down in 1984. The
Government quickly cut off the electricity and stationed
police at the doors, ostensibly because the newspaper did not
have the proper permits. It subsequently made it clear that
no permit will be granted. A small, private all-music radio
station authorized to broadcast in the last days of the
Sankara administration remains closed as well, after being
shut down in the first days of the Compaore Government.
A new information code has been pending for more than a year.
A number of proposed provisions involve insuring government
control of any means of communication, publicly or privately
owned, and government licensing of journalists. It would also
institute prison terms or fines for violation of the code.
Foreign newspapers and magazines entered the country freely
during 1989. For the most part, foreign journalists traveled
freely and filed stories without censorship and enjoyed access
to government officials. Films are subject to censorship by a
review board which includes religious authorities as well as
government officials. There were no known instances of
political censorship of movies. There is no interference with
international radio broadcasts.
b. Freedom of Peaceful Assembly and Association
Under both the Sankara and Compaore Governments, political
parties as such have been banned, and administrative
permission is generally required for assemblies of any kind.
However, in 1989 the Government permitted several small
political groupings to meet more or less openly, with the more
centrist groups invited to join the Government's popular
front. Nonpolitical associations for business, religious,
cultural, and other purposes exist and experience no
difficulty in obtaining permission to meet or in associating
with international bodies in their fields.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
Burkina Faso is a secular state, and there is no official
discrimination on religious grounds. Islam and Christianity
exist side by side, with about 40 percent of the population
Muslim and about 15 percent Christian. The remainder of the
population practices traditional African religions. Muslim
and Christian holidays are recognized as national holidays.
Social mobility and access to modern sector jobs are neither
linked to, nor restricted by, religious affiliations.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Travelers within Burkina Faso are routinely stopped at police
and military checkpoints. There appears to be little
restriction on foreign travel for business and tourism. Exit
permits, once used to limit movements of workers to
neighboring countries, particularly to Cote d'lvoire where 2
million or more Burkinabe continue to reside and work, are no
longer required.
I
34
BURKINA FASO
Refugees are accepted freely in Burkina Faso, and attempts are
made to provide for their care in cooperation with the United
Nations High Commissioner for Refugees. There were
approximately 270 refugees and displaced persons in Burkina
Faso at the end of 1989, mainly from Chad.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens do not have the right to change their government
through democratic procedures. The military have dominated
the political process since 1980 through four changes in
leadership. To bolster his popular front. President Compaore
has taken some steps to create an opening to small
conservative and centrist political forces, but he has not
publicly indicated any movement toward a constitution,
national elections, or political parties in the future. He
relies on an amorphous grouping of people, including military
officers, to help run the Government and has a loose network
of Revolutionary Committees throughout the country to mobilize
support .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There were no known international investigations of Burkina in
1989. A new, local human rights organization, the Burkina
Movement for Human Rights and Rights of Peoples (MBDHP) , was
formed, led publicly by the President, Administrative Chamber
of the Superior Court. While the MBDHP has not directly
publicly criticized the Government on specific human rights
issues, after the September executions it publicly reaffirmed
its opposition to the death penalty and the need in Burkina
for fair public trials. Privately, it has brought a number of
specific issues to the attention of the Government, such as
the treatment of prisoners immediately after the September
1989 coup plot. Members were not harassed in 1989.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Minority ethnic groups are as likely to be represented in the
inner circles of the Government as are the dominant Mossi, who
comprise 50 percent of the population. Government decisions
do not favor one ethnic group over another.
In the largely rural African society of Burkina Faso, women
still occupy a subordinate position. Women supply much of the
labor in family farming and are active in the market economy.
The Government is committed to expanding opportunities for
women, including in cabinet and civil service positions.
Women make up one-fourth of the government work force, which
represents one-third of the total salaried work force in the
country. Women make up approximately one-third of the total
student population in the primary, secondary, and advanced
school systems. While there is no known discrimination
against women in the granting of scholarships for advanced
study, schools in rural areas have disproportionately fewer
girls than schools in urban areas.
Violence against women, expecially wife beating, occurs fairly
frequently in the rural areas, less often in the urban areas.
The Government is attempting through the National Women's
35
BURKINA FASO
Association (UFB) to educate people on the subject. Specific
cases can be brought to the UFB which attempts to offer
protection and counsel. Such cases are sometimes brought
before a "popular conciliation tribunal" for mediation. The
Government also sponsors campaigns against female genital
mutilation, which still occurs in many rural areas, although
it is becoming less common in urban centers. Another form of
multilation is by scarring the face of both boys and girls of
certain ethnic groups, which is rapidly disappearing. The UFB
also takes the leadership in these campaigns.
Section 6 Worker Rights
a. The Right of Association
Workers have traditionally had the legal right to associate.
There are a number of autonomous unions and five labor
federations. Organized labor continues to be an important
force in Burkina Faso. All unions jealously guard their
limited independence from the Government. However, despite
legal rights, the unions have been prevented from engaging in
activities the Government opposes. Under the previous regime,
many labor leaders were arrested and held for long periods.
Some were reportedly tortured. One former trade union
official was detained briefly in September 1989, allegedly in
connection with a nonunion dispute.
Organized labor has the legal right to strike, but the Sankara
government eliminated this right in practice. The Compaore
Government has not faced major labor unrest, and its attitude
has yet to be tested. There were several minor strikes in
1989. The International Labor Organization's (ILO) Committee
of Experts noted with satisfaction in 1989 that all the
teachers dismissed following a strike in 1989 had been
reinstated, that sanctions against officials had been lifted,
and that all political prisoners and admistrative detainees
had been freed.
The largest federation, the National Organization of Free
Trade Unions, is affiliated with the International
Confederation of Free Trade Unions. Another federation is
affiliated with the World Confederation of Labor, and a third
is affiliated with the Communist-controlled World Federation
of Trade Unions. The other two federations are unaffiliated.
The five federations take turns representing labor at the ILO
meetings and participate in African regional labor meetings as
we 1 1 .
b. The Right to Organize and Bargain Collectively
Unions have the right to bargain for wages and other benefits
within a specific bargaining unit, such as a company or
factory, but cannot bargain industry-wide. They represent the
interests of their members in the private and public sectors,
as well as before the labor inspection service of the
Government and before the courts.
There are no export processing zones in Burkina Faso.
c. Prohibition of Forced or Compulsory Labor
Forced labor is not employed and is prohibited by law.
36
BURKINA FASO
d. Minimum Age for Employment of Children
The labor code sets the minimum age for employment at 14, the
average age for completion of basic secondary school.
However, the Government lacks the means to enforce this
provision adequately, even in the small-wage sector. Most
children actually begin work at an earlier age owing to the
large number of small, family subsistence farms and the
traditional apprenticeship system.
e. Acceptable Conditions of Work
A minimum monthly wage of about $75 and a maximum workweek of
48 hours are stipulated by the labor code, as are safety and
health provisions. This minumum wage is not adequate for a
worker to support a family, and wage workers usually must rely
on supplementing income through the extended family and
subsistence agriculture. A system of government inspections
and labor courts ensures that these provisions are applied in
the small industrial and commercial sectors, but they have
been impossible to enforce in the dominant subsistence
agriculture sector which involves 90 percent of the population.
37
BURUNDI
The Republic of Burundi is a one-party, military-controlled
state led by President Pierre Buyoya, an army major who came
to power in a bloodless coup in September 1987. The executive
power is held by a 30-member Military Committee for National
Salvation. The 22-member Cabinet appointed by the Military
Committee is composed of 20 civilians and 2 military
officers. While the Military Committee is the ultimate
decisionmaking body, the Cabinet formulates and proposes
policies and manages the day-to-day business of government.
The National Party for Unity and Progress (UPRONA) is the only
political entity in Burundi. As President of the Republic and
head of the Military Committee, Buyoya plays a dominant policy
role. With the Constitution suspended officially. President
Buyoya exercises legislative and regulatory powers as well.
After assuming power in 1987, Buyoya embarked upon a slow but
steady campaign to promote ethnic justice. The dominance of
the minority Tutsi over the majority Hutu ethnic group remains
the overriding social and political issue in Burundi. It was
an underlying cause of a serious outbreak of interethnic
violence in northern Burundi in August 1988, in which at least
5,000 people lost their lives after Hutu peasants began
killing local Tutsis, followed by a bloody military
intervention to restore order. In the wake of the violence,
the Government accelerated its policies of ethnic
conciliation. This helped lead to the rapid repatriation of
the approximately 50,000 refugees who had fled to neighboring
Rwanda and the thousands of others who had sought refuge
elsewhere in Burundi .
The Burundian armed forces, dominated by the Tutsi, are small
in number but well equipped and well trained to maintain law
and order. In addition, there is a regular police force
responsible for public order and a separate force of security
police responsible primarily for internal state security,
including the monitoring of dissent. The State Security
Police have the same powers of arrest as the regular police
and are subject to the same process of judicial review.
Burundi is a poor country with one of the highest population
densities in Africa. The AIDS epidemic has made serious
inroads among its 5 million people, and it is expected to
adversely affect economic activity in coming years. Most
Burundians (90 percent) earn their livelihood as subsistence
farmers working small, privately owned plots. The small
monetary economy is based on coffee, which accounts for nearly
90 percent of foreign exchange earnings, and other cash
crops. Burundi is one of the highest per capita recipients of
foreign assistance in Africa.
While human rights continued to be restricted in several key
areas in 1989, President Buyoya accelerated efforts to achieve
ethnic reconciliation in the wake of the August 1988
violence. By the early months of 1989, the repatriation and
resettlement of nearly all of the 50,000 refugees under the
auspices of the Quadrilateral Commission of the United Nations
High Commissioner for Refugees (UNHCR) , Burundi, Rwanda, and
Zaire had been completed efficiently and without serious
incident. Throughout 1989 the Government and party undertook
an extensive public education campaign based on dialog between
Hutus and Tutsis. In May the National Unity Commission, a
high-level assembly of representatives of both ethnic
communities charged by President Buyoya with recommending
long-term solutions to the ethnic problem, released its
38
BURUNDI
report. The Commission called for sweeping changes, including
the reestablishment of democratic institutions, the
elimination of discriminatory employment practices,
educational reform, and the creation of a national body to
oversee the operations of the security services. By year's
end, considerable progress had been made in the areas of
education and employment, but progress was slow in integrating
Hutus into the military forces. Major human rights concerns
in 1989 included mistreatment of prisoners (one detainee died
of beatings while in custody in 1989) and restrictions on
freedom of press, assembly, and the right of citizens to
change their government by democratic means.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no confirmed instances of politically motivated or
government-instigated killings in 1989. From the evidence
that emerged in late 1988 and early 1989, including
house-to-house censuses in the affected communes coordinated
by international organizations, most outside observers are now
in agreement that the August 1988 ethnic violence resulted in
between 5,000 and 10,000 deaths. The Government acknowledged
that innocent civilians were among the victims of the Army
intervention, but it denied vengeance killings took place.
There is no public information that the Government has taken
any action to punish soldiers who may have exceeded their
orders in using force against innocent civilians.
b. Disappearance
There were occasional reports by exile opposition groups of
disappearances in Burundi during 1989, but international
relief and human rights organizations have not been able to
confirm any such cases. It is likely that several cases of
disappearance connected with the ethnic violence in August
1988 will never be resolved, given the uncertainty over the
number of deaths and the large population flows that occurred
in the affected areas in the following months.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture is forbidden by law, but cruel treatment of suspects
or detainees has occasionally occurred in the form of beatings
at the time of arrest or interrogation. A September 1989
incident in which a detainee in Bujumbura died following a
beating was documented in the government-owned newspaper,
which reported that the officer in question was being
prosecuted .
Since coming to power, the Buyoya regime has allowed regular
inspection of prison conditions by the International Committee
of the Red Cross (ICRC). ICRC access to individuals detained
following the ethnic violence in 1988 was restricted for
nearly 3 months, and access to a dozen detainees suspected of
participating in a coup plot was restricted briefly in early
1989. In both instances, full access was restored. Prison
conditions remain severe due to lack of adequate hygiene,
medical care, and food; but the Government has begun a program
of improving conditions.
39
BURUNDI
d. Arbitrary Arrest, Detention, or Exile
Police officers are empowered to detain suspects without an
arrest warrant but must submit a written report to the public
prosecutor's office within 24 hours. The public prosecutor
examines the report and can either order the release of the
detainee or issue an arrest warrant valid for 5 days. The
public prosecutor then must state the charges before a
magistrate in the presence of the detainee. The magistrate
either releases the detainee or issues orders confirming the
detention, initially for 15 days and subsequently for 30-day
periods as necessary to prepare the case for trial. Bail is
set only in cases of embezzlement or similar crimes involving
financial wrongdoing. In general, the prescribed procedures
for arrest and imprisonment are followed. However, time
limits for issuance of arrest warrants and appearance before a
magistrate are often exceeded, usually due to a shortage of
magistrates and prosecutors. The Government has begun to
address this problem by increasing the number of magistrates.
There were no known political detainees at the end of 1989.
Approximately 40 persons arrested in the wake of the August
1988 violence remained in custody at the end of 1989 pending
completion of investigations. A dozen individuals, including
two military officers and several prominent businessman, were
detained in March in connection with an alleged coup and have
not yet been brought to trial. Six signatories (among 27) of
an open letter to the President criticizing the Army's role in
the ethnic violence were released in January 1989 and allowed
to return to their former jobs. Two other signatories were
detained briefly in 1988. Of the others, several fled the
country, while those who remained of this group were not
detained. The signatory students were readmitted to the
university.
In June between 10 and 20 local members of the Jehovah's
Witnesses were detained for acts of civil disobedience, such
as refusing to salute the flag. According to reliable
sources, all those detained were released by early fall.
The Government does not exile its nationals as a means of
political control. Since his ouster, Ex-President Bagaza and
his wife have been denied permission to return to Burundi, but
the Buyoya Government has said it is willing to negotiate the
conditions of their return. Citizens of other countries
suspected of criminal activity or lacking proper residency
documents are often expelled. This occurred in April when the
entire Libyan community, including resident diplomats, was
expelled in the wake of an alleged coup plot.
with regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
The judiciary's independence is limited by the requirement
that it adhere to the guidance and reconwnendations of the
party, the Government, and the President. Judges are
appointed by and serve at the pleasure of the President. In
general, there is a high degree of autonomy in the court's
daily administration of justice. The President has the power
to pardon or reduce sentences. In cases of major political
interest, the Government has occasionally interfered with the
judiciary.
40
BURUNDI
Burundi has separate court systems to deal with military,
civil/criminal, and state security cases. In early 1989, a
new court, the Cour des Comptes (Court of Accounts), was
established to investigate and prosecute cases of official
corruption. While little is known about this Court's
proceedings, it became important in 1989 in prosecuting
high-level officials. Military tribunals have jurisdiction
only over military personnel. The State Security Court has
jurisdiction over both civilian and military personnel, and
its proceedings need not be made public. To date, this Court
has been used only once, in prosecuting ex-President Micombero
in the mid-1970's. Burundi law provides the right to counsel,
and indigents are provided defense counsel by the State.
Pretrial proceedings may involve lengthy investigations. The
courts are hampered by a lack of trained legal personnel and
by heavy case loads.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence
The inviolability of the home and of private correspondence
were provided for in the suspended Constitution and are still
respected in practice. A judicial warrant is required for a
law enforcement official to enter and search a private
residence. The State Security Office monitors political
dissent through the State Security Police and by employing
informers who report on discontent and dissent as well as on
criminal activity. Membership in the sole legal party is not
required by law. There is no coercive population control.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
While there are significant restrictions on speech and press
freedoms, since the beginning of the Buyoya regime there has
been an unprecedented outpouring of public debate and
questioning on formerly taboo subjects, such as ethnic
relations and official corruption. The debate on ethnic
relations intensified following the 1988 ethnic violence, and
throughout 1989 party meetings were held in every province to
discuss the ethnic issue. Political debate is largely
confined to UPRONA party meetings, the forum for dialog
officially encouraged by the Government. The Government's
tolerance for public criticism outside party forums is
limited. Possession of opposition political tracts is a
punishable offense, e.g., the arrest, after the August 1988
ethnic killings, of a number of Hutu intellectuals and
students, signatories of an open letter critical of the army's
role, (see Section l.d.).
The Government controls all domestic print and broadcast
media. The French-language daily and Kirundi-language weekly
newspapers are published by the Ministry of Information, which
also operates the domestic radio and television stations. The
media are traditionally required to support the fundamental
policies of the party and the Government. Some criticism of
the Government is permitted in the printed press, but
journalists are state employees and subject to disciplinary
action if their criticism goes beyond what is considered
tolerable. The Government has interfered on occasion with the
distribution of foreign news publications but has never
interfered with radio reception from foreign sources. Public
censorship occurs only in the case of sexually explicit
foreign film material or publications
41
BURUNDI
Academic freedom is limited. Primary and secondary school
teachers are expected to support government policies. At the
university, professors come from many different countries,
both East and West, and are generally permitted to lecture
freely in their subject areas, conduct research, and draw
independent conclusions. However, two university professors
were among the six signatories of the August 1988 open letter
to President Buyoya who were detained for several months.
b. Freedom of Peaceful Assembly and Association
In the aftermath of the August 1988 ethnic violence, a ban on
public assemblies of more than five persons and a nationwide
curfew were in effect for 2 1/2 months. No such measures were
instituted in the spring of 1989 following the discovery of
two coup plots. However, no political meetings or
associations other than those tied to the ruling party are
permitted. The Government permits nonpolitical private
associations, but requires that they be registered and
accorded legal recognition before they may function.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
Since coming to power. President Buyoya has made sweeping
changes in Burundi's policies toward organized religion,
reversing the repression of religious expression under the
Bagaza regime. President Buyoya freed all religious
prisoners, reopened the closed churches, returned confiscated
church properties, including houses and schools, authorized
weekday religious services, reinstituted the activities of
catechists, and authorized church schools (including
seminaries and literacy/catechism classes), publications, and
radio broadcasts. Most of the missionaries who were expelled
under President Bagaza are being allowed to return, and there
are no restrictions on new missionaries.
Organized religion, in particular the Catholic Church, plays a
key role in the development of the country and the lives of
both rural and urban Burundians.
Religious expression continues to be regulated by civil laws
and regulations. Religious organizations are subject to the
same rules and restrictions which apply to secular
organizations. All religious associations must receive
approval from the Government to operate in Burundi, and a
Burundian citizen must be appointed as legal representative of
each association. Religious groups may not engage in
political activity critical of the Government. During the
Bagaza regime, two religions were banned: the Seventh-Day
Adventists and the Jehovah's Witnesses. The Buyoya Government
has since legally recognized the Adventist Church and returned
all of its confiscated properties. It has, however, continued
the ban on the Jehovah's Witnesses, allegedly because of their
refusal to recognize the authority of the State (see Section
l.d.). There are no barriers to the maintenance of links with
coreligionists in other countries. Participation in religious
groups does not exclude individuals from membership in the
UPRONA party or from receiving social benefits.
42
BURUNPI
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government has not instituted restrictions on internal
travel since the aftermath of the August 1988 ethnic violence
in the north, when nationwide restrictions were enforced for a
period of 2 1/2 months.
Some 60,000 Burundian citizens fled to Rwanda following the
1988 ethnic violence in northern Burundi. Under the terms of
an agreement negotiated in November 1988 by the Governments of
Burundi, Rwanda, and Zaire and the United Nations High
Commissioner for Refugees (UNHCR) , the Government of Burundi
agreed inter alia to grant a general amnesty to those who had
fled. All but a few hundred of the refugees had returned
voluntarily to their homes by early 1989, and on May 31
voluntary repatriation ended. As with past returning
refugees, this group of repatriated Burundians was accorded
full rights as citizens.
The UNHCR reported that during the period September through
November 1989, approximately 300 new refugees crossed from
Burundi to the Muhero camp in Rwanda. This new outflow
reflects residual fears in the areas affected by the events of
August 1988. It was also probably prompted in part by police
movements following a large-scale prison escape in the region
in September.
Burundi claims to host some 260,000 refugees, most of whom are
Rwandan Tutsis who have resided in Burundi since the 1960 's.
The Government works closely with the UNHCR in refugee matters
and does not force resettlement. However, it has periodically
repatriated Zairians and Rwandans who lack residence permits
or who have been arrested on suspicion of criminal activities.
The Government continues to discourage migration to urban
areas through an active public education campaign. Foreign
travel and emigration are relatively free, though travelers
must explain the reason for their trip and must surrender
their passports to the Immigration Office on their return to
Burundi. Prospective Burundian travelers must have exit visas
as well as passports.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
No mechanism exists in Burundi that allows citizens to change
their government through democratic procedures. Since
independence, there have been three changes of government, all
by military coups. When he took office. President Buyoya
promised a new constitution and a return to civilian rule
within 2 years, but progress towards these goals has been
slow. When it released its report in May, the
government-appointed National Unity Commission called for
increased democratization as a means of promoting ethnic
conciliation, including the reinstatement of the constitution
and the national legislature.
Political participation takes place only within the one-party
structure, and voters can express dissatisfaction only by
voting against incumbents for party positions. The party is
open to all Burundian citizens supporting its principles, and
both men and women are active members and officeholders. The
UPRONA party, together with its affiliated youth, women's, and
43
BURUNDI
labor movements, claims a membership of approximately 1.4
million persons, over three-quarters of the adult population.
The party regularly holds local and regional meetings, where
party members discuss issues and make recommendations.
Formerly, the slate of candidates for local and national party
offices was selected by government cadres and voted upon by
party membership. Since President Buyoya came to power, any
party member wishing to run for office can have his or her
name on the ballot. Allegations that Hutus were discriminated
against in this process are thought to have contributed to the
unrest prior to the outbreak of ethnic violence in August
1988. Voting is secret in localities where members are
literate, but in some rural areas where members are
illiterate, voting is accomplished by a show of hands.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
After initially rejecting calls for an international
investigation into the August 1988 ethnic violence, the Buyoya
Government stated that it would permit the United Nations
Secretary General to dispatch a U.N. Information Mission to
examine ethnic tensions and the refugee problem. This
mission, organized by local U.N. representatives, took place
in late 1988 and reported positively on relevant
developments. In addition, the Government permitted extensive
visits by outside observers, including the ICRC, journalists,
diplomats, and historians.
An Amnesty International delegation that visited Burundi in
June urged the Government to ensure that all current detainees
be brought to trial promptly and fairly if they face criminal
charges, or else be released.
Burundi is a party to several United Nations' instruments on
human rights. In July 1989 it ratified the Human Rights
Charter of the Organization of African Unity.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Historically, the minority Tutsi have dominated the majority
Hutu people. Civil strife has erupted between the two groups
several times in the modern era, most recently in 1972 and
1988. In both instances, a Hutu uprising that left many Tutsi
dead was followed by military intervention that resulted in
massive killings of Hutus. The violence was followed in both
cases by thousands of Hutu refugees fleeing Burundi, and in
both cases after the violence had subsided the refugees were
encouraged by the Government to return. Unlike in 1988, large
numbers of those who fled in 1972 remained outside the
country. Another important dissimilarity was that the 1988
killings were limited in area and duration, and the Government
moved rapidly to restore ethnic confidence with the support of
the international community. In the aftermath of the 1988
violence. President Buyoya stepped up the pace of reform,
appointing a Hutu Prime Minister, an ethnically balanced
Cabinet, and a National Unity Commission to recommend
fundamental reforms.
De facto discrimination by Tutsis against Hutus, however,
remains in many areas of society, although it is not condoned
by law. There are few Hutus in the Army, and the majority of
44
civil service jobs, as well as university places, are held by
Tutsis. As a result of President Buyoya ' s ethnic reform
efforts, Hutus made substantial inroads into the civil service
in 1989, and the number of Hutus entering secondary school
exceeded the number of Tutsis for the first time in recent
years. However, the pace of integration in the military
remained slow. Tutsis dominate the modern economic sector,
while in rural areas economic opportunities are roughly
equivalent for both ethnic groups.
Women hold a secondary position in society, although their
status is changing slowly from traditional patterns. The
suspended Constitution, respected in practice, provides for
legal equality. The current legal code prohibits polygamy and
a dowry requirement, allows women some control over family
matters, and provides for land inheritance by women. Women in
Burundi are able to obtain divorces, but there is strong
social pressure against divorce.
Traditional practices continue to prevail in many of these and
other areas of social conduct, however. In the preponderant
rural sector, women perform the bulk of field labor, while
cattle raising and wage labor are generally reserved for men.
Although fewer women than men obtain a formal education, once
a degree is obtained women can generally find suitable
employment. The Government has not discriminated against
women in hiring, and the civil service pay scale makes no
distinction between men and women. Women are not
significantly represented in business, the professions, and at
higher levels of government, although the situation has
improved in recent years.
Violence against women, especially wife beating, is known to
take place, but as there are not studies available, the extent
ot the violence is difficult to quantify. Police do not
normally intervene in domestic disputes. Severe cases are
dealt with by the legal system. The Government officially
discourages violence against women but addresses the problem
largely through the Burundi Women's Union which provides
counseling and, when deemed necessary, referral to legal
authorities .
Section 6 Worker Rights
a. The Right of Association
Burundian workers do not have the right of association as
defined by the International Labor Organization (ILO). The
UPRONA party controls the National Trade Union Confederation
(UTB) and has institutionalized this single trade union
structure by means of legislation. No other unions are
allowed by law. The present head of the UTB was named by
President Buyoya, but all other officeholders were elected by
the UTB membership. The principal role of the UTB, to which
virtually the entire salaried work force belongs, is to serve
as an intermediary between workers and employers in labor
matters. The UTB formulates its programs and policies in
concert with the Ministry of Labor. Unauthorized advocacy of
a strike or lockout is a criminal offense. Although they are
technically permissible, there have been no strikes in recent
years. The UTB is a member of the Organization of African
Trade Union Unity.
45
BURUNDI
b. The Right to Organize and Bargain Collectively
Workers do not have the right to organize outside the UTB.
Within the UTB, they have the right to bargain individually
and collectively in labor disputes. In practice, the UTB has
often forced employers to revise their practices. This has
usually come after implementation of one or more steps of the
official three-step process of dispute resolution: direct
employer-employee discussions under the auspices of the UTB;
an administrative hearing before a government labor inspector;
and a legal proceeding before the labor court in which the UTB
represents the employee. There is almost universal membership
in UTB among salaried employees, and antiunion discrimination
is not a problem in practice. There are no export processing
zones in Burundi, and labor laws are applied uniformly
throughout the country.
c. Prohibition of Forced or Compulsory Labor
While forced or compulsory labor is not permitted under
Burundi law, the ILO Committee of Experts has noted that
provisions of ordinances concerning the conservation and
utilization of soils and the creation and maintenance of
minimum areas of food crops are in violation of ILO Convention
No. 29. It has urged the Government to bring the texts into
conformity with the Convention and into line with what the
Government asserts is actual practice. The Committee also
noted that the various legislative provisions which call for
imprisonment and an obligation to work as punishment for
expressions of political views contrary to those of the party
are not in compliance with ILO Convention 105. The Government
has indicated that it intends to examine the possibility of
revising the prison legislation, but it has not yet taken any
action.
d. Minimum Age for Employment of Children
In the modern, urban section of the economy, children under
the age of 12 may not be employed in any capacity, nor may
children under the age of 16 be engaged in dangerous or
strenuous work. However, as a practical matter in this poor,
largely rural country, many children are obliged by custom and
circumstance to help their families in subsistence agriculture.
e. Acceptable Conditions of Work
Over 90 percent of the population of Burundi is engaged in
subsistence agriculture. Worker rights are prescribed by the
Burundi Labor Code and by the UTB, but these rights have
relevance primarily for workers in the small, wage sector of
the economy. The established minimum wage is the equivalent
of approximately $1.03 per day in Bujumbura, and $0.90 per day
in rural areas; this wage level is inadequate to provide a
decent living for urban families, who frequently supplement
their income through family gardening or small commerce.
Wages are higher for workers in the few private sector
businesses and in skilled jobs. Working hours vary between 40
and 45 hours per week. Saturday afternoons, Sundays, and
holidays are times of rest. In the modern economic sector,
minimum health and safety standards are monitored by the
Ministry of Labor. The enforcement of these standards is
limited.
46
Political power in Cameroon is concentrated in the Presidency
and a single party, the Cameroon People's Democratic Movement
(CPDM) . President Paul Biya is Head of State and head of the
CPDM. The President makes all major decisions and appoints
all government and party officials, although key
parliamentarians have some behind-the-scenes influence. The
National Assembly generally approves measures proposed by the
Government. Although the Assembly has the right to propose
legislation, it does so rarely. Cameroon's political system
is influenced by its ethnic and linguistic diversity, which
includes 230 languages and 3 separate European colonial
traditions (German, French, and British). French and English
are official languages. A careful balancing act among the
various groups within the Government and party is required to
maintain political cohesion, and this acts as a check on
government power.
Internal security responsibilities are shared by the National
Police (Surete Nationale), the National Intelligence Service
(CENER) , the Ministry of Territorial Administration, Military
Intelligence, and, to a lesser extent, the Presidential
Security Service. The Ministry of Territorial Administration
is in charge of prisons, and the National Police has the
dominant role in enforcing internal security laws.
Cameroon's per capita gross domestic product (GDP) of about
$970 in 1987 placed it among the middle-income developing
countries. However, the declining prices of Cameroon's key
commodities, including coffee, cocoa, and petroleum, and the
rigors of structural adjustment are likely to reduce 1989 per
capita gross domestic product to an estimated $850.
Cameroon's diversified agricultural base, food
self-sufficiency, and government policies aimed at promoting
private-sector growth help mitigate the effects of declining
terms of trade and other external difficulties.
Human rights remained restricted in Cameroon in 1989.
Positive developments included the release of dissident author
Albert Mukong and more openness in addressing human rights
issues. In March a senior official responded publicly to
Amnesty International's (AI) concerns about political
prisoners, admitting that some persons remained in detention
despite the expiration of their sentences. President Biya has
officially advocated greater democratization, and modest steps
have been taken to expand popular political participation.
Major human rights concerns in 1989 included the abuse of
detainees, use of arbitrary arrest and detention powers, harsh
prison conditions, and restrictions on freedoms of speech,
press, assembly, women's rights, worker rights, and the right
of citizens to change their government through democratic
means .
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of such killings in 1989.
b. Disappearance
There were no reports of disappearance.
47
CAMEROON
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Although the penal code proscribes torture, renders
inadmissible in court evidence obtained thereby, and prohibits
public servants from using force against any person, there
were credible reports of severe beatings of suspects while in
custody in 1989. On one occasion, witnesses observed security
officers publicly punching and beating a man. Inside prisons,
poor conditions are common. Prisoners suffer from serious
malnutrition unless provided food by friends or family.
Brutal treatment of inmates may have led to violent uprisings
in at least two Cameroonian prisons in 1989. Persons under
"administrative detention" (e.g., political detainees) are
kept in special camps or prisons to which access by families
and friends is severely restricted.
AI • s 1989 Report stresses the harsh conditions in Nkondengui
Prison in Yaounde and New Bell Prison in Douala.
Overcrowding, the lack of medical care, and malnutrition may
have contributed to a high death rate in both prisons in 1988,
according to AI .
d. Arbitrary Arrest, Detention, or Exile
Under Cameroonian law, a person arrested on suspicion of
having committed a nonpolitical offense may be held in custody
up to 24 hours before being charged. The period of custody
may be renewed up to three times with the express agreement of
the Attorney-General. However, after an investigating
magistrate has determined the case should be brought to trial
and has issued a warrant to that effect, there is no
limitation on how long the detainee may be held in "preventive
detention" pending trial.
Accused persons awaiting trial constitute the majority of
persons in the prisons at Yaounde and Douala. Release on bail
is permitted by law only in the Anglophone provinces, whose
legal system retains features of British common law. Even
there, bail is granted infrequently. There have been cases of
local or provincial authorities ordering the continued
detention of persons even after a court ordered their
release. CENER and Military Security do not implement fully
the penal code requirement that detainees be brought before a
magistrate for investigation of possible offenses. They have
held detainees incommunicado.
Persons may also be held in "administrative detention" under
legislation pertaining to subversion. The penal code defines
administrative detention as "the loss of liberty for a
political felony or misdemeanor." Such detention by regional
authorities is initially for 1 month, renewable twice, and may
be extended up to an additional 6 months by the Minister of
Territorial Administration. Those arrested and placed in
administrative detention do not disappear. Their families are
told where they are, though not always promptly. They are
released eventually, though the detention may be lengthy, in
some cases exceeding the theoretical maximum of 9 months.
State of emergency provisions, invoked following the 1984 coup
attempt, were allowed to lapse in 1989. There is, therefore,
no longer a legal rationale for unlimited administrative
detention. Government of Cameroon authorities state that they
are working to ensure that officials who have had delegated
48
CAMEROON
authority to order such detention are made aware of the
changed circumstances.
Albert Mukong, a well-known critic of the Government who had
been held for nearly a year, was released on May 5 after the
Government dropped charges against him. It is widely believed
that Mukong was arrested for having condemned, during a
British Broadcasting Corporation broadcast, frequent
constitutional changes and attributing Cameroon's economic
difficulties to embezzlement of state funds by senior public
officials. The legal justification for his detention remains
unclear but was apparently an old ordinance which proscribes
conduct "likely to bring to contempt or ridicule any public
authority or (which) incites hatred against the government."
Frederic Batoum and Samuel Zeze remained in prison without
charge at the end of 1989, apparently for supporting the
banned opposition party, the Union of Cameroonian People
(UPC). They had first been arrested in 1985, released in
1986, and then detained again shortly afterwards. Abdoulaye
Mazou, a former senior official of the Ministry of Education,
was sentenced to 5 years for having assisted his brother to
escape after the 1984 coup attempt. Although his sentence has
expired, he remains in prison and is reportedly ill.
An estimated 40 political detainees, including Moussa Mahmonde
and Mohamadou Djidji, who were not released in 1986 at the end
of their sentence, reportedly remained in detention at the end
of 1989. Most of these were apprehended around the time of
the 1984 coup attempt.
Cameroon does not engage in the practice of forced exile.
Early in his first term. President Biya publicly encouraged
all those living abroad for political reasons to return to
Cameroon without fear of reprisal.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
Trial by a presiding magistrate is provided for in law, and
this practice is followed except in the case of persons held
under administrative detention or state of emergency
regulations. Public trials are also guaranteed by law,
although exceptions are allowed for the public good or for
national security reasons. Trials which involve prominent
persons or which are controversial have sometimes been held in
private.
Magistrates in Cameroon are career civil servants responsible
to the Minister of Justice and are required to have law
degrees. Their decisions are not usually subject to
government interference, and they generally are considered to
conduct fair trials. The Minister of Justice has publicly
cautioned magistrates against awarding "excessive" damages
against the State, and there have been reported cases of the
Government refusing to pay damages where a court has found
against it. Defendants in felony cases are provided attorneys
if they cannot afford to engage their own.
Crimes involving subversion or illegal use of weapons, as well
as crimes involving the military, are tried by military
tribunals. Each tribunal has three members, and its presiding
officer must be a magistrate. In some cases, the magistrate
is a civilian, in others a military officer. As in felony
49
CAMEROON
cases tried in the regular court system, defendants are
entitled to counsel.
In a March 1989 press conference, Cameroon's Ambassador to
France answered publicly a question from AI about political
prisoners held in Cameroon. According to AI, he indicated
that most of them are military officers implicated in the 1984
coup attempt. Some of them were never brought to trial, and
others have been held past the end of their sentences. Those
trials were conducted in secret by military tribunals and did
not conform to internationally recognized standards of
fairness. Lawyers were given little time to prepare a
defense, and defendants had no right of appeal. The
Ambassador admitted that coup-plotters were still held under
administrative internment and asserted that their continued
detention was necessary in view of the danger they pose to
public safety. This is the first time in years that a
government official has publicly addressed the issue of
political prisoners/detainees held without trial in Cameroon.
Traditional courts continue to play an important role in
Cameroon, particularly in rural areas. Their authority varies
by region and by ethnic group, but they are often the arbiters
of property and domestic disputes and may serve a probate
function as well. Most systems permit appeal of first-
instance decisions to traditional authorities of higher rank.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Both invasions of the home and tampering with correspondence
are violations of Cameroonian law. There have been frequent
reports of police harassing citizens and entering homes
without warrants during periodic searches for criminals.
Police officials also sometimes enter homes and demand to see
receipts for household property as a customs law enforcement
measure. Surveillance of suspected dissidents and the
monitoring of their mail and telephone conversations are
common practices.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution of 1972 provides for freedom of expression
and of the press, but Cameroonian law and practice restrict
these freedoms. While there is no evidence anyone is punished
for privately criticizing the Government, there are definite
limits to public speech.
The Government's official position is that it "supervises" but
does not "control" the press. However, officials working with
the media have referred to television, radio, and the press as
instruments of national policy to be used by the State in
furtherance of its aims. The Government publishes two
official newspapers, the English and French editions of the
Cameroon Tribune, and controls radio (the most important
medium) and television. Most official journalists are civil
servants who may be transferred to less desirable positions if
they do not practice self-censorship.
Media criticism of the Government invites detention. There
have been several cases of print or broadcast journalists
being detained after pursuing stories critical of the
Government in recent years. Early in 1989, for example, two
50
CAMEROON
journalists from the independent press were detained after
publishing a story recounting the reasons for a local town
council's vote of no-confidence in its Mayor. AI noted in its
1989 Report that there seems to be a pattern in the official
use of detention powers as a means of intimidating
journalists. Despite this, the number and frequency of
private publications rebounded somewhat in late 1989. No
written ground rules for publication exist. The independent
press enjoys greater latitude in covering issues than the
government-owned press, but all publications are still subject
to official censorship.
Although many periodicals carrying articles critical of
Cameroon's Government circulated in 1989, toward the end of
the year the Government seized one edition of a foreign
newsmagazine.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly and association are provided for in the
Constitution but are restricted in law and practice. The
penal code prohibits public meetings, demonstrations, or
processions without prior government approval. While there
have been no reports that such permits have been denied, large
public meetings in which the Government plays no role are
virtually unknown. On short notice, authorities canceled this
year's traditional May Day parade because they were concerned
that the unemployed might demonstrate. Organizations must
register with the Government; any form of opposition political
organization is effectively prohibited.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
Cameroon is a secular state. There is no established
religion. Roughly 20 percent of Cameroonians are Muslims, 30
percent are Christians, and the rest follow traditional
beliefs. Officials of the Government and the CPDM include
members of all three groups. Freedom of religion is provided
for in the Constitution, but for a religious group to exist
and to function legally, it must be approved and registered
with the Ministry of Territorial Administration. There have
been cases in the past of a small group's application being
rejected on the grounds that it was too nearly identical to an
existing group. The Jehovah's Witnesses were banned in 1970
and have been periodic targets of harassment since that time.
The Government does not discourage the practice of traditional
religions. Acts of witchcraft, divination, or magic "liable
to disrupt public order or tranquility, or to harm persons or
property" are outlawed, with potential penalties of up to 10
years' imprisonment.
Missionaries played a major role in the development of
Cameroon and continue to be active. Foreign clergy suffer no
ill-treatment. There are no particular restrictions on places
of worship, training of clergy, conversion, religious
education, or religious participation in charitable
activities. The literacy and Bible translation organization,
SIL, operates freely and plans to expand. Independent
Christian and Muslim publications exist in Cameroon, and there
is no evidence they are more heavily censored than is the
secular press.
51
CAMEROON
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement within the country is not restricted by
law. Police continue to stop travelers to check
identification documents, vehicle registrations, and tax
receipts as a security and immigration control measure, though
use of the practice declined sharply in 1989.
Exit visas are required to leave the country and are sometimes
obtained only after long delays. The Government has been
known to refuse issuance of a passport or to confiscate a
passport in order to control someone it considers a real or
potential threat. Married women must obtain written consent
from their husbands before the Government will issue an exit
visa. There are no restrictions on voluntary repatriation,
and there is no forced resettlement.
Over the years, Cameroon has served as a safe haven for
thousands of dispaced persons and refugees. Approximately
35,000 refugees remain in Cameroon, the majority of them
Chadian. The United Nations High Commissioner for Refugees
(UNHCR) recognizes about 4,100, most of them Chadian or
Namibian. With the Chadian conflict largely over, many
Chadians have returned. As of September 30, 1989, there were
3,622 Chadian refugees at the Poli-Faro camp, down from 6,346
at the beginning of the year. Many of the Chadians living
outside Poli-Faro have integrated into the Cameroonian economy
and do not receive government or international assistance.
Though Cameroon occasionally returns illegal Chadian
immigrants, there were no confirmed reports of forced
repatriation of recognized Chadian refugees in 1989. Cameroon
is also host to 67 Namibian students and 400 other refugees of
various nationalities.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Because Cameroon continues to be a one-party state with
political power and administrative responsibility concentrated
in the Presidency, citizens do not have the right to change
the Government through the electoral process. The President
appoints all cabinet ministers, governors, and prefects.
President Biya succeeded constitutionally to the office of
President upon the resignation of former President Ahidjo, and
was elected unopposed in 1984 and 1988.
While the Constitution does not explicitly exclude the
existence of other political parties, in fact only the CPDM is
permitted to operate. Membership in the CPDM is open to all
religious and ethnic groups and is strongly encouraged. No
one attempted to gain legal recognition for a second political
party in 1989. The UPC was rebuffed in 1985 when it sought
such legal recognition. Opposition groups, including the UPC
and the Cameroon Democratic Party, periodically send letters
or pamphlets into the country (usually seized by customs
officials) or are heard on foreign radio broadcasts. A number
of former UPC members are now active in the CPDM.
Some within the CPDM have begun to advocate greater pluralism,
but it is unclear whether they wish to make room for other
parties or are merely seeking opportunities for broader debate
or greater influence within the CPDM.
All members of the 180-seat National Assembly must be members
52
CAMEROON
Of the CPDM. National Assembly elections with multiple
candidacies were held for the first time in 1988, but the CPDM
limited the number of candidates per constituency to two. The
next elections are due in 1993. Voting is by universal
suffrage and secret ballot. The 1988 elections took place
with few irregularities and no allegations of fraud.
Debate in the National Assembly usually remains within fairly
narrow parameters. The National Assembly has not formally
rejected a major government initiative in recent years.
However, the behind-the-scenes power of key National Assembly
representatives limits the Government's freedom of action.
Some government proposals are shelved before reaching the
stage where they are subject to formal rejection.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government does not usually respond publicly or privately
to inquiries from any human rights organization. However, in
1989 a government official responded publicly to AI ' s charge
that Cameroon holds political prisoners (see Section I.e.).
The Constitution affirms support for the freedoms guaranteed
in the Universal Declaration of Human Rights and the United
Nations Charter. Under President Biya, the Government has
devoted increased attention to human rights in such
international forums as the United Nations and the Non-Aligned
Movement. Also, Cameroon has submitted reports on the status
of human rights in the country to two United Nations
committees .
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Access to the Government's social programs is open to all
Cameroonian citizens on a nondiscriminatory basis. President
Biya has repeatedly stressed publicly the dangers of
tribalism, but there remains deep-seated suspicion among
ethnic groups. Cameroon is officially bilingual, but
Anglophones are a distinct minority (20 percent) and often
charge that the majority Francophones discriminate against
them by denying them economic opportunity and a share of real
political power commensurate with their numbers. The
Bamileke, the country's largest single ethnic group (between
15 and 20 percent of the population), level similar charges
against the rest of the body politic.
Women are granted equal rights under the Constitution, and
some are politically active in the party and the sole labor
federation. The women's wing of the CPDM has developed
programs to encourage the economic and social productivity of
Cameroonian women. Women are increasingly well represented in
the modern wage sector. They make up less than 1 percent of
the army and do not serve in the navy or air force. They may
join the police and the gendarmerie but make up a very small
percentage of these forces.
Significant cultural pressure is brought to bear on women to
remain subservient to men. In late 1989, for example, a
columnist for a government-owned newspaper admonished a reader
to remember "your husband is the direct authority the lord has
placed on you." Also, the Government requires a husband's
consent before his wife may obtain an exit visa (see Section
2.d.), a policy the Government asserts is intended solely to
53
CAMEROON
preserve and strengthen the stability of family life.
Polygamy is permitted by law and tradition, but polyandry is
not .
Hospital reports of admissions of battered women indicate
declining violence against women, at least in urban areas. A
government-owned newspaper in late 1989 featured a readers'
debate on the pros and cons of wife beating, stating in its
introduction that it took no position in the debate. There
are no reliable statistics on the extent to which violence
occurs. In crimes of passion, men are sometimes treated
lightly by the courts. Violence directed against women in
other than a domestic context is not a major problem. Female
circumcision is not common in Cameroon. It is practiced by a
limited number of traditional Muslim families and is almost
unheard of in other groups.
One of the goals of the sixth 5-year plan for economic,
social, and cultural development is to improve educational
opportunities for women. The percentage of female secondary
school students increased 45 percent between 1970 and 1986.
Girls made up 45.7 percent of primary school pupils in 1986,
but their percentage drops to 38.3 percent at the secondary
level. Women are also disadvantaged in access to higher
education (14 percent of students) and professional
opportunities. Regional differences in access to education
also exist.
Section 6 Worker Rights
a. The Right of Association
The labor code recognizes the right of workers to establish
trade unions without prior authorization and to join trade
unions of their choosing. In practice, there is but one
umbrella organization in the country, the Organization of
United Cameroonian Workers (OCWU) , which operates parallel to
the CPDM, and trade unions in the country are subordinate to
the OCWU. The top union leadership is nominated by the
Government. The OCWU permitted multiple candidates to run in
worker delegate elections in late 1987 and early 1988, but it
retains the right to approve candidacies, thus assuring
political orthodoxy. The OCWU does not play a major role in
Cameroonian politics, although it has a membership of
approximately 450,000 in a working population of more than 3
million. It pursues worker grievances and seeks improvements
in government programs for worker safety and training.
Strikes are illegal, and political activity by trade unions,
excepting action designed to protect economic and other
interests, is prohibited. The OCWU is a member of the
Organization of African Trade Union Unity. The OCWU maintains
contact with foreign trade union organizations, including the
American Federation of Labor and Congress of Industrial
Organizations, but such contact requires government
authorization.
The International Labor Organization's (ILO) Committee of
Experts (COE) observed in 1989 that various legislative
provisions, which regulate the right of public servants to
organize, restrict their right to strike, and ban foreign
workers from trade union office, are inconsistent with ILO
Convention 87 on Freedom of Association. It has expressed the
hope that the Government will amend the legislation in the
near future.
54
CAMEROON
b. The Right to Organize and Bargain Collectively
The labor code recognizes the right of trade unions or trade
union federations to engage in collective bargaining with
employers or groups of employers. In practice, true
collective bargaining between employers and workers is rare,
owing to the small size of the modern industrial sector, the
small number of large employers, and the involvement of the
Government in the process. Under the law, all employers of
more than 10 workers must permit the election of a worker
representative from among the employees. This individual has
a statutory right to discuss labor conditions with the
employer on behalf of the employees and enjoys special
protection from arbitrary dismissal. Candidates for these
positions must be approved by the OCV«/U.
There are no export processing zones in Cameroon, but one is
in the planning stage.
c. Prohibition of Forced or Compulsory Labor
While forced or compulsory labor is prohibited by law, the COE
has noted that provisions of the labor code, the law
establishing the National Civic Service for participation in
development, legislation respecting prisons, and the Merchant
Shipping Code are in violation of the ILO conventions on
forced labor. The Government has stated repeatedly that
amendments to bring these laws into compliance with ILO
conventions are being processed or are under study. There
have been reports of levies of communal labor being employed
in some traditional societies.
d. Minimum Age for Employment of Children
The labor code sets the minimum working age at 14, a rule
which appears to be respected in the modern wage sector.
Labor inspectors are empowered to enforce provisions of
Cameroon's labor code, as are labor courts. In rural areas
where farming occupies 80 percent of Cameroon's citizens,
children participate at early ages in agricultural work
alongside adults. Street vendors in urban areas are
occasionally under age 14, more frequently during school
vacations than at other times.
e. Acceptable Conditions of Work
Under the labor code, the minimum annual paid vacation is 18
days, and the legal workweek is 40 hours for nonagr icultural
employees and up to 48 hours per week for agricultural
workers. In order to make room for younger workers, civil
servants are encouraged to retire upon reaching the minimum
retirement age of 55. Minimum monthly wages are set by the
Government for all public and private sector jobs. Minimum
wage rates, which range from $62 to $103 per month, are based
on geographic zones, types of industry, and worker seniority
and qualifications. The lowest wages are insufficient to
support a family, but usually are supplemented by a second job
or another family member's earnings. Workers with
middle-range wages also are likely to need second incomes to
support a family, especially in Yaounde and Douala.
Occupational safety and health is mandated by law, based on
ILO standards. In theory, these standards are enforced by
Ministry of Labor inspectors and labor courts, but they lack
the means for effective enforcement.
55
CAPE VERDE
Cape Verde is ruled by the African Party for the Independence
of Cape Verde (PAICV), the sole legal political party, under
the leadership of President Aristides Pereira. Most
government ministers are also senior members of the party, and
many of them were leaders of the revolutionary movement to
free Cape Verde from Portuguese rule. The Constitution
adopted in 1980 declares the party "the supreme expression of
the interests of the popular masses." Members of the Popular
National Assembly, which is formally the supreme organ of the
State, are elected from a slate of candidates proposed to the
electorate by the party. The Assembly selects the President,
who, as Head of State, proposes the Prime Minister to the
Assembly. The Assembly is subordinate to the executive; it
has never reversed government/party decisions, although
deputies increasingly debate issues openly, and critical views
are often reported in the media.
Security responsibilities, formerly divided between the
military, the security, and police forces, were consolidated
under a single government department in February 1986. The
reorganized Ministry of Defense and Security operates under
guidelines and leadership approved by the party. A largely
voluntary party paramilitary unit, the "Popular Militias,"
supports the security forces and has been accused of making
arbitrary arrests.
Cape Verde has few natural resources, and for years Cape
Verdeans have emigrated to improve their economic condition--
over 500,000 live abroad. A 20-year drought has also hindered
Cape Verde's development efforts for its population of
400,000. However, heavy summer rains in 1987 and 1988 may
have signaled the end of the drought and promised improvements
in the agricultural sector. The Government is the largest
nonagricultural employer. It controls banking, the import of
most basic commodities, airlines, the press, and schools. It
depends importantly on generous foreign assistance and
remittances from Cape Verdean emigrants.
The Constitution bans opposing political parties, and in
practice the Government uses its authority, e.g., detention
powers, to limit opposing views. Freedom of speech, press,
and assembly and association are not technically limited by
law but have been in practice. Discrimination and violence
against women are common. There were no known political
prisoners held at the end of 1989.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reported instances of politically motivated
deaths, but one jnan died while in official custody (see
Section i.e. ) .
b. Disappearance
There were no reported instances of officially inspired
disappearances .
24-900 O— 90 a
56
CAPE VERDE
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Periodic police brutality occurs In August on Maio Island, a
man died in police custody, allegedly of a severe beating;
although local medical authorities determined that the cause
of death was strangulation, a government-appointed special
commission found that the deceased, a former mental patient,
killed himself. There was no evidence of torture or other
cruel and unusual punishment of prisoners and detainees in
1989.
d. Arbitrary Arrest, Detention, or Exile
Cape Verdean law requires that an accused person, unless
caught in the act of committing a crime, be brought before a
judge to be charged within 48 hours of arrest. In exceptional
cases, with the concurrence of a court official, the formal
charge process may be delayed, but it still must take place
within 5 days of arrest. For crimes against state security,
however, persons may be detained for up to 5 months without
trial upon a judge's ruling. This loophole is occasionally
abused, and cases of arbitrary arrest by members of the
"Popular Militia," a voluntary paramilitary party
organization, occur periodically. There is a functioning
system of bail, and everyone is entitled to representation by
an attorney in civil or criminal cases. Those unable to
afford legal counsel are represented by lawyers named by the
state-run Lawyers' Association.
There were no known instances of forced exile for political or
other reasons. With regard to forced or compulsory labor, see
Section 6.c.
e. Denial of Fair Public Trial
The judicial system is composed of a Supreme Court, whose
members are appointed by the Government, regional courts, and
local popular courts. Trials are conducted by one judge
without a jury. The autonomous Institute for Judicial
Support, to which most private lawyers belong, provides
counsel for indigent defendants. Trials appear to be handled
expeditiously, and evidence suggests that the courts protect
individual rights in criminal cases. Verdicts can be appealed.
Appeals to the Supreme Court are common. For example, in June
the Supreme Court upheld a lower court decision in favor of
Teofilo Santos Silva, allegedly fired from the Bank of Cape
Verde for statements vilifying bank leadership. The bank was
ordered to restore Santos to his former position or to
compensate him for damages.
The popular tribunals adjudicate minor disputes on a local
level in rural areas. The "judges," who are appointees of the
Ministry of Justice, are usually prominent local citizens
without legal training. Their decisions can be appealed
within the regular court system.
Political/security cases of a nonmilitary nature are tried
before the criminal courts. There have been no cases tried in
recent years, and there were no known political prisoners at
the end of 1989.
57
CAPE VERDE
f. Arbitrary Interference with Privacy, Family, Home, or
. Correspondence
The Constitution recognizes citizens' rights to the
inviolability of domicile, correspondence, and other means of
communication. The law requires warrants issued by a judge
before searches of homes may be conducted. In practice, these
rights are observed.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution proclaims freedom of speech and intellectual
creativity, including the rights of authorship, but it also
stipulates that none of these rights and freedoms may be
exercised "contrary to national unity." While freedom of the
press is not specifically guaranteed by the Constitution, a
law adopted in December 1985 assures citizens the right to
express their thoughts in the press, but at the same time the
party underlined that this right should be exercised
responsibly. People rarely criticize the Government
publicly. Debate in Parliament is lively, but within the
accepted one-party system.
The newspaper Voz di Povo, radio, and television are
government owned. Occasional articles critical of some
aspects of government policy are printed or broadcast, but
this is probably done with prior authorization from the
Government. Local radio broadcasts carry items from Western
news agencies as well as from Communist countries, generally
balancing coverage and identifying sources on controversial
international issues. In 1989 the PAICV Third Congress
granted limited autonomy to the National Press, a publishing
house formerly controlled entirely by the party leadership.
A Catholic monthly newspaper, which has carried criticism of
some aspects of life in Cape Verde, is tolerated without
interference as long as its articles are not viewed as a
threat to the Government. On occasion, the editor and
contributors have been called before popular tribunals to
explain their articles. There is also a monthly newspaper,
Noticias, published in Mindelo which, since its inception in
1988, has followed an independent editorial policy.
Foreign periodicals generally circulate freely in Cape Verde
even when they contain articles critical of or unflattering to
the Government, as is sometimes the case with Portuguese
newspapers. International radio broadcasts are received
clearly without interference.
b. Freedom of Peaceful Assembly and Association
The freedom to meet, to associate freely, and to demonstrate
is provided for in the Constitution, but as a practical matter
no organizations opposed to the Government or its policies are
permitted. Party-sponsored "mass organizations" of women and
youth are prominent. For a discussion of freedom of
association as it applies to labor unions, see Section 6. a.
c. Freedom of Religion
The Constitution requires separation of church and state.
Freedom of worship is respected by the Government, and members
of all faiths practice their religion without harassment. At
58
CAPE VERDE
least two-thirds of the population, probably including most of
the government and party leadership, are nominally Catholic,
but the predotninance of Catholicism does not appear to affect
adversely other faiths. Evangelical Protestants and
Seventh-Day Adventist are the two other principal religious
communities .
At least two faiths, the Baha'i and Christian Science, which
were formally banned or suppressed under the Portuguese, have
been permitted to reestablish themselves and operate freely
since independence. There are no restrictions on religious
practices, teaching, or contacts with coreligionists outside
Cape Verde. The Catholic Church, for example, openly opposes
birth control methods which are advocated and supported by the
Government. A few foreign missionaries are active in Cape
Verde, and more than half the Catholic clergy are non-Cape
Verdeans. Cape Verdean consular law requires, however, that
missionaries applying for residency belong to a denomination
with a recognized membership in Cape Verde. In this context,
two American Mormon missionaries were asked to leave Cape
Verde in September after their visitor's visas expired.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no extraordinary legal or administrative
restrictions on either travel or residence within the
country. All resident Cape Verdeans wishing to leave the
country, either temporarily or permanently, must obtain exit
permission from the Government. Such permission has not been
denied for political reasons. Emigration has long been an
important and recognized alternative for those wishing to
escape the prevailing harsh economic conditions.
The Government goes to considerable effort to maintain close
contact with emigre communities and provides every opportunity
for Cape Verdeans living abroad to maintain their ties with
the homeland, including making provision to vote in
elections. Repatriation is a constitutional right, and the
Government does not discourage intending repatriates.
The law allows for revocation of citizenship on several
grounds, including activities contrary to the interest of the
country. However, there are no known cases of the Government
instituting proceedings to deprive persons of citizenship for
political reasons.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The party's monopoly of power in Cape Verde is specified in
the Constitution. Opposition parties are illegal and do not
exist. Therefore, citizens are unable to change the one-party
political system through a democratic process.
At the national level, government officials are selected by
the party, and senior leaders are selected from among the
small group of men who actually led the struggle for
independence. The Secretary General of the party is President
of the Republic, the Deputy Secretary General is Prime
Minister, and the third-ranking party official is President of
the National Assembly. Five other members of the party's
political commission are also ministers. Not all ministers or
secretaries of state are party members, but all clearly serve
at the pleasure of the party.
59
CAPE VERDE
Current party membership is about 6,000, which is about 4
percent of the total adult population and represents a
doubling in size since independence in 1975. Within this
elitist party, there exists a modest scope for meaningful
political activity. The delegates to the Third Party Congress
in 1989 were elected by secret ballot, and the party announced
plans to allow free elections of certain local officials,
whether candidates are party members or not.
Twice-yearly National Assembly sessions serve to ratify —
never reverse — earlier party/government decisions.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government in the past has permitted visits by private
organizations to investigate conditions of persons convicted
for political or related offenses. There are no known
official or nongovernmental human rights organizations in the
country; none critical of the Government would be permitted.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Racial discrimination is not a serious problem in Cape Verde,
where the vast majority of the population shares various
proportions of Portuguese and African ancestry. Sex
discrimination exists, although it is prohibited by the
Constitution. Many traditional, male-oriented values of the
Portuguese and African ancestors of today's Cape Verdeans are
still part of the country's culture.
The Code of the Family, enacted in October 1981, prescribes
the full equality of men and women in law, including equal pay
for equal work, but in practice women customarily have been
excluded from certain types of employment and are often paid
less than men. Both the Government and the party are making
efforts to bring women into various economic and social
activities where they have been traditionally absent,
including in the labor-intensive economic development
projects. The Organization of Cape Verdean Women was founded
in 1980, with party encouragement, to sensitize Cape Verdeans
to issues affecting women.
Domestic violence against women remains extremely common.
Crimes such as rape and wife beatings are largely ignored by
police and are rarely brought to trial. Even then, penalties
for first offenders are usually suspended, and physical and
psychological retaliation against a woman who wins such a
trial is the norm. Government efforts are occasionally made
to increase women's awareness of their legal rights, such as
in special periodic television or radio programs addressing
these issues, but these programs rarely reach the rural women
most strongly affected by such crimes.
Section 6 Worker Rights
a. The Right of Association
The right of association is limited. Workers in several
sectors are organized into unions within the Central Sindical
(UNTC-CS) . The trade union central is affiliated with the
PAICV and headed by a high-ranking party member. About
one-third of the active work force are nominal members of the
60
UNTC-CS. Individual unions perform some traditional trade
union functions and act also as party affiliates.
There is no reference to the right to strike in the
Constitution or in any legislation. In the absence of any
legal prohibition against strikes, the NUC believes that the
right to strike exists, but it has never exercised this
theoretical right. Union leadership has taken positions on
specific issues in opposition to government policies in state-
owned enterprises.
The UNTC-CS is affiliated with the Organization of African
Trade Union Unity, in whose councils it has never taken
positions independent of those officially sanctioned by the
Government. It maintains contact with and receives assistance
from both Communist and non-Communist national unions abroad.
b. The Right to Organize and Bargain Collectively
Unions are by law the designated means by which workers are
represented. The right of unions to function without
hindrance is mandated. Howevei;, there is no true collective
bargaining. Wages for government employees are set by the
Ministerial Council. Wages for state enterprises are proposed
by the ministry controlling the state enterprise and approved
by the Ministerial Council. Labor laws require that private
companies pay the prevailing wage, which usually implies the
wage that is paid in the Government and state enterprises.
The UNTC-CS and the unions have influence in the process.
There are no export processing zones in Cape Verde.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is constitutionally prohibited and
is not practiced in Cape Verde.
d. Minimum Age for Employment of Children
The minimum age for employment is 14, and children under 16
are prohibited from working at night, more than 7 hours per
day, or in establishments where toxic products are used. All
enterprises submit a yearly report to the Director General of
Labor with information on the salary and ages of each
employee. There is no inspection mechanism.
e. Acceptable Conditions of Work
Minimum wage rates are established by the Government for both
civil servants and private enterprises. As of January 1,
1987, the minimum wage for civil servants was approximately
$84 per month. Wages for unskilled workers are considerably
lower, and in rural areas the daily minimum for the least
skilled types of labor is about $1.62 per day. In most
circumstances, a family cannot survive on a single minimum
wage. Multiple incomes, shared housing, and extended families
help bridge the gap for many minimum wage earners.
There does not appear to be an overall safety and health
code. The normal workweek for adults is 44 hours over 5 1/2
days. A worker is entitled to at least 1 free day per week.
These regulations seem to be respected in practice, but there
is no enforcement mechanism.
61
CENTRAL AFRICAN REPUBLIC
The Central African Republic (C.A.R.) is a one-party state in
which General Andre Dieudonne Kolingba has exercised virtually
full political control since his accession to power in a
bloodless coup on September 1, 1981. In 1986 President
Kolingba established the only legal political party, the
Central African Democratic Assembly (RDC), and introduced a
new Constitution, which was subsequently approved in a
national referendum. In that same vote he was elected without
opposition to a 6-year term as President. The new
Constitution established a directly elected parliament
(National Assembly) and an advisory body known as the Economic
and Regional Council. Both have met regularly since 1987.
The Ministry of Defense controls a military police force
(Gendarmerie Nationale), in addition to the armed forces,
which number about 3,800. These forces share internal
security responsibilities with the civilian police force
(Police Nationale) under the Ministry of Interior, which is
responsible for policing major roads and keeping records of
the movement of vehicles. The Presidency has its own security
force, which has collateral responsibility with the border
police for airport security.
The C.A.R. is a poor, landlocked, and sparsely populated
country, most of whose inhabitants derive their livelihood
from subsistence agriculture. The essentially agrarian
economy has suffered in the past from ineffective government
fiscal and developmental policies and adverse global trends.
Since 1982 the Government has tried to implement economic
structural reforms in cooperation with international donors.
However, with continuing unfavorable world economic trends,
progress has remained elusive.
Human rights remained restricted in 1989. The Government did
release several political prisoners, including a journalist,
and moved to put into effect a law authorizing the resumption
of trade union activity. However, the Government took further
action to repress the religious activities of the Jehovah's
Witnesses and two other religious groups. In September, under
unexplained circumstances, the Government brought back from
Benin 12 former dissidents, arrested them on arrival, and held
them without charge throughout the remainder of 1989.
Principal human rights problems continued to be mistreatment
of prisoners and detainees, arbitrary detentions, intrusive
surveillance of political opponents, and restrictions on
freedom of speech and press, association, the right of
citizens to change their government, women's and minority
rights, and worker rights.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There have been no reports of killings or executions for
political motives by government forces, although at least one
death from mistreatment while in official custody occurred
(see Section I.e.).
b. Disappearance
There were no reports of politically motivated disappearance.
62
CENTRAL AFRICAN REPUBLIC
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Penal Code prohibits torture and provides for sanctions
against those found guilty of physical abuse. Nonetheless,
there are reports of police beatings of criminals or suspects.
Family members, legal counsel, doctors, and clergy generally
have access to prisoners, including prominent political
detainees. The latter frequently receive special privileges,
including permission to leave the prison periodically.
d. Arbitrary Arrest, Detention, or Exile
Under Central African law, political detainees may be held
without charge for as long as 2 months but must then be
formally charged or released. In regular cases, those
arrested must be brought within 96 hours before a magistrate,
who decides whether formal charges will be filed. In
practice, this limit is often exceeded owing to inefficiencies
in judicial procedures. No system of bail exists. When
political detainees are charged, local judicial procedures
(which are modeled on the French system) allow for open-ended
preventive detention while the public prosecutor prepares the
state's case against the accused.
The exact number of political detainees and political
opponents in exile is not available. During high-security
events, the Government controls the activities of about 10
opponents, particularly supporters of former Emperor Bokassa,
by holding them under house or village arrest until the event
is over. Four students arrested in September 1988 for alleged
but unspecified political reasons were released soon
thereafter without any known charges having been brought
against them.
It is the Government's announced policy to encourage
dissidents to return to the C.A.R.; several former opponents
of the regime have returned and been appointed to high
positions in the Government. In late August, a government
opponent. Gen. Francois Bozize, and 11 followers returned from
Benin. It is not clear whether they were forcibly expelled
from Benin, but all were taken into custody upon arrival in
the C.A.R. and were in detention awaiting trial at the end of
1989.
With regard to forced or compulsory labor, see Section 6.c.
j' e. Denial of Fair Public Trial
The judiciary consists of regular and military courts, with
the Supreme Court at the apex. In most cases involving common
criminals, the Government permits legal procedures modeled
after French Law to be fairly and openly applied, although
execution of the law is hampered by inadequate training of
officials and persistent traditional beliefs regarding
witchcraft and sorcery that sometimes take precedence over
strict rules of evidence. The accused have a right to legal
counsel at all stages in the formal procedures and have the
right of appeal.
: In 1988 a High Court of Justice was created to try political
prisoners, replacing the Special Tribunal of civilian
♦ magistrates and military advisers which had adjudicated
political cases from 1981 to 1987. It functions in much the
63
CENTRAL AFRICAN REPUBLIC
same manner as the ordinary courts, except there is no right
of appeal, although the possibility of presidential clemency
exists. No cases have yet come before this Court, although a
president of the court was named in October.
The number of political prisoners is unknown. Political
opponent Ruth Rolland was released from prison in September by
a Presidential Decree of General Clemency. Rolland had been
tried, convicted, and imprisoned for distributing tracts
critical of the Government. She was rearrested on December 16
on unspecified charges.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Government interference with privacy is common only in
political and security cases. The law formally prohibits the
invasion of the home without a warrant, and this prohibition
is not generally abused in civil and criminal cases. If a
political crime is considered to be involved, police are
allowed to search private property without written
authorization. The consensus among Central Africans is that
their Government can and does keep a close watch on any
citizen who opposes or appears to oppose it, but government
surveillance is rare in practice.
To combat increasing local crime, including robbery and
assault, citizens' action groups, called vigilance committees,
were created by the RDC. These committees, consisting of 20
volunteers per neighborhood, patrol the streets and have the
right to stop and hold suspected criminals briefly before
handing them over to the police. A code of conduct guides
committee members, forbidding them, for example, from invading
private property or acting in the capacity of a police
officer. In September the RDC decided to establish vigilance
committees throughout the country.
Civil servants are not required to be party members, but there
are strong social pressures to join, particularly in the case
of those holding higher level positions.
Section 2 Respect for Civil Liberties Including:
a. Freedom of Speech and Press
The right of private citizens to speak publicly about
political developments or to criticize the Government is
circumscribed, although most people feel free to comment
privately on political affairs. The National Assembly
Tprovides a limited forum for public discussion of government
policies .
Newspapers, radio, and television are all government owned and
controlled. Domestic news favors upbeat stories and
noncontroversial events. Reporting on international news is
selective and tends to avoid events that may be embarrassing
to friendly foreign governments.
Thomas Kwazo, a journalist serving a 3-year sentence for
filing an "unauthorized" story, was released following the
September Clemency Decree for various prisoners.
64
CENTRAL AFRICAN REPUBLIC
b. Freedom of Peaceful Assembly and Association
Despite constitutional guarantees of the right to assembly,
only assemblies of a nonpolitical nature can take place
without government approval. Groups that register with the
Ministry of Interior can hold meetings. Government forces
quickly disband unlawful assemblies and, in some instances,
arrest the participants.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
A variety of religious groupings are active in the country
(approximately 35 percent traditional African, 50 percent
Christian, 15 percent Muslim). Religious organizations and
missionary groups are generally provided religious freedom by
Central African custom. However, any group whose behavior is
considered political in nature is quickly stifled. In 1986
the Jehovah's Witnesses were banned by the Minister of the
Interior for alleged advocacy of civil disobedience. This
restriction was only partially enforced, and Witnesses
continued to congregate quietly for religious services in
private homes. In April 1989, about 100 participants at such
a meeting in Bangui were rounded up and detained by police
under direct supervision of the Minister of the Interior.
Most were released within 2 days; the others a few days
later. The last four foreign Witnesses remaining in the
country were expelled shortly afterward. Other religious
groups also have been affected. In February the Minister of
the Interior suspended the activities of the Fraternal Union
of Baptist Churches on unspecified grounds. It resumed its
activities in July. In September he suspended indefinitely
the activities of the Union of Evangelical Pentecostal
Churches for "irresponsible conduct." It remained suspended
at the end of 1989.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
People are generally free to move about within the country.
There are police checkpoints along major roads which sometimes
present an obstacle to travelers unwilling or unable to pay
bribes expected by some officials.
The right of voluntary travel and repatriation is recognized.
Financial and educational constraints, rather than government
controls, act to restrict most foreign travel and emigration.
There were no known cases of revocation of citizenship.
A reduction of political tensions in Chad since 1985 prompted
many Chadian refugees in the C.A.R. to return to their
homeland voluntarily. Their number in the C.A.R. declined in
1989 to less than 3,000, from a high of 45,000 in 1984-85.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens do not have the ability to change their government
through democratic means. The power and prerogatives of the
President and the sole party are not subject to change from
below. There has been progress in expanding participation in
the political process. The President makes all important
national policy decisions, althouah he allows his raH;--"-
65
CENTRAL AFRICAN REPUBLIC
considerable leeway in day-to-day activities of government
administration. The President is also head of the party, the
RDC. Approval of the RDC is required in order to run for
political office, including the National Assembly.
The Constitution grants the National Assembly, elected by
secret ballot in free elections, the authority to debate and
vote on bills proposed by the executive and to initiate
legislation of its own. Deputies are promised immunity from
prosecution or other government interference for opinions
voiced or votes cast during the exercise of their duties in
the National Assembly. Assembly sessions in 1989 were marked
by occasional frank criticisms of government policy, and for
the first time the Assembly considered budgetary matters.
Virtually all measures proposed by the Government eventually
were adopted by nearly unanimous votes after significant
amendments by the Assembly. In March the Deputies elected a
new Assembly President.
Elections for municipal councilors were held in May 1988. In
the seven largest towns, the Ministry of the Interior chose
one member of the elected municipal council to serve as
mayor. In all other municipalities the mayors were, at least
in theory, elected by the municipal councils; but in several
cases the councils were overruled by the Ministry of the
Interior .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no local organizations to monitor human rights
issues. However, the Government does permit representatives
of Amnesty International and the International Committee of
the Red Cross to visit Bangui periodically. The Government
also permitted an October visit of an International Labor
Organization (ILO) mission to investigate allegations of
worker rights abuses (Section 6.a.). Union representatives
indicated the visit went well. The Government plans to host
in January 1990 a conference on human rights sponsored by the
International Committee on African Human Rights.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution mandates that all persons are equal before
the law without regard to wealth, race, or religion. In
practice, some minorities tend to receive unequal treatment,
e.g., the forest-dwelling Bamingua, commonly known as pygmies,
are subject to discrimination and exploitation which the
Government has done little to correct.
There are more than 80 ethnic groups in the Central African
Republic, with about 70 percent of the population being
Ngbaka, Baya, or Banda. While President Kolingba has made
statements about the desirability of an ethnic balance in his
Cabinet, preference for high government and military positions
has been given to members of his Yakoma ethnic group
(approximately 10 percent of the population). Each ethnic
group has its own language, but the Sangho language is spoken
throughout the country.
Although the Constitution affirms the equality of all
citizens, women have traditionally been accorded fewer
opportunities than men. Certain jobs remain closed to women,
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CENTRAL AFRICAN REPUBLIC
such as service in the gendarmerie. There are no precise data
on the percentage of women in the paid labor force. Many are
involved in traditional labor — gathering food and firewood and
keeping house — while others are in commerce as market
vendors. Educated women working outside the home typically
find clerical jobs, but some are gradually moving into
professional positions.
Polygamy is legally sanctioned, although increasingly fewer
women accept the practice. A prospective husband must
indicate at the time of the marriage contract whether he
intends to take further wives. Divorce is legal in the C.A.R.
and may be initiated by either partner.
Violence against women, including wife beating, occurs, but it
is difficult to gauge the extent of the problem, as it is
seldom officially reported. The Ministry of Justice does not
generally hear many cases from people complaining of spouse
abuse, although the issue does come up during divorce trials
or in civil suits for damages. Most often, women will
tolerate abuse in order to retain a measure of financial
security for themselves and their children.
Female genital mutilation (circumcision) has been forbidden by
law since the 1960's, but it is practiced by some ethnic
groups. Enforcement of the prohibition is rare as it is
basically considered a private, family matter. It is
practiced in rural areas and, to a lesser degree, in the
Muslim quarters of Bangui. Many urban dwellers consider it an
outdated custom.
Section 6 Worker Rights
a. The Right of Association
A 7-year suspension of most trade union activity ended on May
19, 1988, when a law concerning trade union freedom and the
protection of union rights was adopted. The new law provides
employees and employers the right to establish and join
organizations of their own choosing, to draw up their own
constitution and rules, to elect their own representatives,
and to formulate their program of action. Implementation of
the law was delayed nearly a year while the Government drafted
detailed regulations and guidelines.
On May 1, 1989, the law entered into full force, and the
Minister of Labor gave workers throughout the country official
permission to begin organizing. The Government determined
that all trade union activity should begin from the ground up
with elections organized by profession and place of work.
Only after all major trade unions are in place will workers be
permitted to convene a congress to set up a National
Federation. Once the law had entered into force, teachers,
civil servants, and employees at most of the large factories
and businesses in the capital, Bangui, met in groups organized
by profession and place of work in order to elect
representatives and draft statutes for their union locals. By
the end of November, 50 unions had held elections, 37 of them
had submitted their statutes to the Ministry of the Interior,
and 28 of them had been officially recognized. The other 9
are still in process. The Procurator and the Ministry of
Labor retain the right to review the statutes for compliance
with labor legislation. Encouraged by their official
recognition, local unions have stepped up their activities and
plan to send a committee outside of Bangui to organize unions
67
CENTRAL AFRICAN REPUBLIC
on a regional level. Two seats for labor representatives are
reserved on the Economic and Regional Council.
The new law permits strikes when all efforts at conciliation
have failed. It also allows unions to become affiliated with
international labor organizations; even during the 1981-88 ban
on union activity some labor leaders continued to attend
international labor congresses.
Despite this progress, there are unresolved problems with the
1988 law as written, e.g., restrictive membership requirements
and the uncertain role of federations. In June the ILO
Committee of Experts on Applications of Conventions and
Recommendations took note of recent changes outlined by the
Government's representative, but determined that C.A.R.
compliance with ILO conventions could only be assessed by a
direct contacts mission. A visit by such a mission took place
in October. The mission's report had not been made public by
the end of 1989.
In April the U.S. Government announced the suspension of
certain trade privileges accorded the C.A.R. , based largely on
the C.A.R. Government's failure to respect freedom of
association since 1981.
b. The Right to Organize and Bargain Collectively
The 1988 union law, which applies throughout the country,
accords trade unions full legal status, including the right to
own property and to sue in court. Employers are forbidden
from discriminating against workers on the basis of union
membership or union activity, and infractions can result in
the assessment of legal damages. It is too early to tell
whether, or how effectively, these provisions will be
enforced. Mechanisms for collective bargaining spelled out in
the 1961 Labor Code fell into disuse during the ban on union
activity and had not yet been revived in late 1989. The 1988
law does not specifically address whether trade unions may
engage in collective bargaining. There are no export
processing zones.
c. Prohibition of Forced or Compulsory Labor
The ILO Committee of Experts has for some years noted
"considerable divergencies" between legislation and practice
in the C.A.R. with respect to Conventions No. 29 and 105 on
forced labor. The Government has maintained that the C.A.R.
laws in question, which all date back to the 1960's, are
obsolete and are no longer observed. In its 1989 report, the
Committee noted that the Government had indicated its
readiness to accept, but has thus far not requested, ILO
assistance in drafting legislation to repeal the offending
laws .
d. Minimum Age for Employment of Children
Employment of children under 14 years of age is forbidden by
law. The relevant legislation is only loosely enforced. Jobs
are in such demand that children in the labor force are
generally limited to helping the family in traditional
subsistence farming or retailing.
68
CENTRAL AFRICAN REPUBLIC
e. Acceptable Conditions of Work
Minimum wages are established by the Government, and a social
security system exists for private industry. The minimum wage
for a manual laborer, for example, is about $40 per month and
about $140 per month for a stenotypist. These salaries assure
a family the basic necessities but are barely adequate to
maintain a decent standard of living as measured against the
norms of industrialized countries. The Government has not
raised the minimum wage since 1980, partly in response to
pressure from international financial institutions. Much
labor is performed outside the wage and social security
system, especially in the large subsistence agricultural
sector by self-employed farmers. The law sets maximum working
hours for government employees and most people in the private
sector at 40 hours per week. Domestic employees may work up
to 55 hours per week. There are also general laws on health
and safety standards in the workplace, but they are neither
precisely defined nor actively enforced.
69
CHAD.
President Hissein Habre, whose support is based in the armed
forces, heads an authoritarian government which came to power
in 1982 after protracted civil war. Since then. President
Habre has governed through a Council of Ministers and a
National Consultative Council, both appointed by him. On
December 10, in Chad's first election since 1969, a new
Constitution was adopted by referendum, and Hissein Habre was
elected to a 7-year term as President. Legislative elections
for the National Assembly, as mandated by the new
Constitution, are expected to be held during the first part of
1990. The multiethnic National Union for Independence and
Revolution (UNIR) , created in 1984 to broaden Habre 's
political constituency, remains the only officially recognized
political party. Many former opponents continued to be
brought into the civil service and army, including some at the
ministerial level, while several hundreds of their followers
were released from prison. President Habre" s long-time rival,
ex-president Goukouni Oueddei, remained in self-imposed exile
in 1989.
The Government employs a large internal security apparatus.
In addition to the army and police, it includes the National
Security Service (DDS), the Special Rapid Intervention Brigade
(BSIR), the Rural Paramilitary Police (Gendarmerie), and a
Presidential Security Service. Chad has been concerned about
sporadic terrorism, mostly emanating from Libya, and chronic
instability among ethnic groups, notably the Hadjerai and
Zaghawa in 1988 and 1989.
Chad remains desperately poor, and its economy has been
severely dislocated by extended war with Libya and by
declining world prices for its principal export, cotton. Its
estimated 4.5-million population has one of the lowest per
capita annual incomes in the world, $178 in 1988. The
Government relies heavily on foreign donors, particularly
France, to finance government operations and to fund
development projects. The economy improved in 1989 as the
Government adopted a stringent World Bank plan, important
donors increased their aid, and abundant rains insured that
subsistence farmers and herders produced enough to feed
themselves .
Human rights in Chad remained circumscribed in 1989. Major
human rights concerns were: possible extrajudicial killings;
torture and harsh treatment of prisoners; indefinite and
incommunicado detentions; denial of fair trial; restrictions
on freedom of speech and press, assembly and association, and
the right of citizens to change their government
democratically. However, significant steps were taken in 1989
to improve the situation. Between December 1988 and December
1989, the Government released 625 dissidents or former Chadian
rebels from prison. Chad's new Constitution promises basic
political rights and liberties to all Chadians and secret
elections through universal suffrage. In August the Habre
Government further eased tensions with Libya with the signing
of a bilateral Framework Accord committing the two countries
to seek a political solution to their longstanding territorial
dispute, and to release all prisoners of war (POW's). Chad
continued to hold Libyan POW's at year's end, as well as an
unknown number of persons arrested in the wake of a military
revolt in April .
70
CHAD
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no confirmed instances of government-instigated
political or extrajudicial killings in 1989. In April a group
of senior military leaders, all of whom were members of one
branch of the Zaghawa ethnic group, led an armed revolt
against the Habre regime. The Government successfully put
down the revolt and arrested an unknown number of persons,
most of them Zaghawa. Their status at the end of 1989 was
unknown. There is concern that Army Commander Hassan Djamous,
who was implicated in the April 1989 military revolt, may have
been summarily executed.
b. Disappearance
There were no confirmed disappearances in Chad during 1989.
However, the fate of hundreds of Chadian soldiers who fought
under Goukouni and were captured in July 1983 has not been
clarified by the Government. Amnesty International (AI)
estimates the number of these "disappeared" prisoners as
between 500 and 1,000.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no confirmed reports of torture of prisoners during
1989. Due to government secrecy and the practice of holding
most political/security detainees (and many others) in
indefinite, incommunicado detention, it is difficult to obtain
information on torture and many other alleged abuses of
prisoners. For example, the Government has never clarified
the fate of Sa]eh Gaba, a journalist, who, according to many
reports, was tortured with electric shocks and beaten
severely, and who reportedly died in prison in June 1988. AI
requested the Government to conduct an urgent investigation
into the circumstances of Gaba's death, but no response had
been received by the end of 1989.
There were allegations that government troops continued to use
extreme measures and intimidation to maintain order in parts
of Guera prefecture, where a 1987 insurrection among members
of the Hadjerai ethnic group was met with strenuous
repression, including summary executions. There were also
reports in 1989 that the military had used similar measures
against members of the Zaghawa ethnic group following an armed
revolt in April by senior Zaghawa military commanders.
Prison conditions in Chad are harsh, and abuses in handling
prisoners, usually in the form of beatings, are understood to
be common. Conditions are reportedly severe in the special
detention centers maintained by the DDS and other security
organizations. The lack of food and medical treatment is
reported to be especially glaring, and prisoners in past years
are alleged to have died from the combination of malnutrition
and physical abuse.
d. Arbitrary Arrest, Detention, or Exile
Under Chadian law, the authorities are required to show
probable cause in making arrests and to adhere to established
71
judicial requirements in detaining persons (see Section I.e.)-
In security/political cases (the term is very broadly
interpreted), the Government has a completely free hand.
Those who express views critical of the Government, or hold
views different from it, often are regarded as endangering the
security of the State and may be subject to indefinite
detention without trial. Many detainees are held
incommunicado, and most are never charged or tried.
The total number of political detainees, as distinct from
prisoners of war, is not known. Among detainees believed held
without charge, reportedly because of their political beliefs
or ethnic origins, are: Gamane Gody; Ahmed Lamine; Moussa
Konate; Gamane Moussa; Kef fine Abouzarga; Djibrine Daoud;
Djimet Gondje; Issa Kamsoul; Abderamane Tchere; and Dari
Tchere.
Between December 1988 and December 1989, the Government
released 625 Chadians from prison, including on December 22,
1989, Moukhtar Bachar Moukhtar, formerly Secretary of State,
Ministry of Agriculture. Most were former members of armed
factions opposed to the Government, especially the Chadian
Patriotic Front (FPT) which reconciled with the Government in
1988. Some of those released were considered political
prisoners rather than POW's. All were given the option of
joining (or rejoining) the Chadian armed forces, or of
returning to their former occupations. The Government has
steadfastly refused to allow the International Committee of
the Red Cross (ICRC) access to Libyan prisoners captured since
1986. In November, government authorities met with a
high-level delegation of the ICRC, and it was announced that
an agreement in principle had been reached "to permit the ICRC
to take measures leading to visits to the Libyan POW's."
However, by year's end, no such visits had occurred. A number
of Libyan POW's have joined the Libyan National Salvation
Front, which is opposed to Colonel Gadhafi's regime and which
is based in Chad. These Libyans are no longer considered
POW's by the Government.
A number of people, primarily members of a clan of the
Hadjerai ethnic group, were arrested on security grounds in
1987 and remained in detention during 1989 without charge or
prospects of trial. In December 1988, government troops
defeated a band of Libyan-backed rebels, most of whom were
Hadjerai, and more Hadjerai suspected of complicity with the
rebels were arrested and held without charge. According to
AI, more than 180 persons belonging to the Hadjerai ethnic
group were in secret detention at the beginning of 1989.
These included a number of children.
The President has called for persons in exile to return to
Chad; many of them have done so and have been integrated into
the Government and military. Nevertheless, there also have
been reports of detention by government security forces of
former Chadian exiles upon their return to Chad, including
Hadja Merami, and her daughter Azzine. Although Hadja Merami
was subsequently released, her daughter was reportedly still
held without charge at the end of 1989. President Habre's
long-time rival, ex-president Goukouni Oueddei, remained in
self-imposed exile in 1989.
With regard to forced or compulsory labor, see Section 6.c.
72
QhhD.
e. Denial of Fair Public Trial
The Chadian judicial system (the Supreme Court and several
lower courts) and Criminal Code have evolved from the body of
law (Napoleonic Code) inherited from the former colonial
power, France. This law includes safeguards against arbitrary
arrests and provides for specified detainee rights, including
the right to counsel and the right to be promptly informed of
charges. There is also a traditional system of law presided
over by sultans and chiefs. It is generally effective and
fair in resolving property and other civil disputes and in
dealing with cases involving petty local crime. Decisions in
customary courts may theoretically be appealed to the regular
courts.
Armed conflict over more than 20 years has severely disrupted
the legal system, and political/security cases almost never
come before the courts. The Government has made some effort
to restablish civilian law enforcement in liberated areas. AI
states in its 1989 Report that, since President Habre came to
power in 1982, no political prisoners have been brought to
trial or even had their cases referred to judicial
authorities. AI asserts they have been kept in secret
detention, under harsh conditions, and are released only when
it suits the Government's political purposes.
Whether accused of crimes or security offenses, most Chadians
do not get speedy trials, in part because of the rudimentary
nature of the Chadian judicial system. There are only a few
trained lawyers, judges, and other court personnel. Many of
Chad's tribunals do not even have law books. The few trained
judicial officials complain of a heavy backlog of cases.
Trials can be held in public or private at the option of the
Government. No legal right to a timely trial exists.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Under Chadian law, homes may be searched only during the day
and under authority of a warrant. In practice, there are many
instances where this law has not been respected, especially in
areas where ethnic unrest continues. Correspondence carried
by people traveling overland in Chad is often checked by
authorities at various points, but correspondence sent through
the Chadian postal system is less likely to be subjected to
such controls.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Officially, free speech is assured under Chadian law, but in
practice public or private statements that the authorities
consider seditious have led to arrest. There is no prior
restraint on the publication or broadcast of information in
Chad, but the media (television, radio, and two newssheets)
are government controlled and directed, and there is no
opportunity for opposing views to be heard. The small Chadian
press corps is careful not to criticize the Government or its
policies. Occasionally the Government authorizes controlled
public criticism of individual ministries or agencies of
government and officials. Academic freedom is nominally
respected but is subject to similar restraints.
73
CHAD
The Government's treatment of foreign correspondents, uneven
in the past, improved in 1989. The Government encouraged
visits by foreign journalists, facilitated their interviews
with public officials, and allowed them access to many areas
of the country long off-limits to the foreign press. It did
not impose prior censorship, a change from the past, but
banned an April issue of Jeune Afrigue magazine which
contained an article about the attempted military revolt.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly and association is restricted. Chadians
may assemble peacefully only as long as the purpose of the
meeting is not opposed to government policies. Prefects have
the nominal right to forbid a meeting, but prior permits are
not required unless the gathering anticipated is large enough
to cause a public hazard.
Membership in U^IR is voluntary. Although President Habre is
intent on having a single mass political movement to which all
Chadians will belong, he continued to permit the existence of
a number of small former opposition political groupings.
For a discussion of freedom of association as it pertains to
labor unions, see Section 6. a.
c. Freedom of Religion
Chad is officially a secular state in which Islam,
Christianity, and other religions are practiced freely. Both
Islamic and Christian holidays are given official status.
More than 50 percent of Chad's population is Muslim, and Chad
is a member of the Organization of the Islamic Conference.
Christian missionaries may, nevertheless, enter the country,
proselytize, and provide assistance to local populations.
They are mainly active among the non-Muslim ethnic groups in
the south. Strictly religious publications are allowed to
circulate freely. The Government neither favors nor disfavors
members of particular religions.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Chadians enjoy freedom to move around the country except
within military zones or areas of recent or potential combat.
These restrictions generally pertain only to the northern
one-third of the country and are not enforced for the sparse
population of that large desert region. In the north,
retreating Libyan military left thousands of landmines under
the sand, which have claimed some civilian victims.
International travel is permitted, but regular passports are
expensive (about $60), and travelers must be cleared by Chad's
internal security services, a process which normally takes
less than a week. Chadians are free to emigrate.
In the past, thousands of Chadians fled to neighboring
countries because of drought and civil strife. As conditions
began to improve in 1986, most of these displaced Chadians
returned from neighboring countries, encouraged by the
Government. These returnees, as well as those Chadians who
fled the occupied northern zone, have been well received.
74
CHAD
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Under the Chadian political system in effect through late
1989, citizens did not have the right to change their
Government through elections and referendums. Since June
1982, Chad has been governed by President Habre, who heads a
Council of Ministers complemented by an appointed National
Consultative Council. Both Councils are carefully balanced to
promote ethnic and regional harmony, as is the membership in
the executive organs of the country's only authorized
political movement, the National Union for Independence and
Revolution (UNIR) . The main source of President Habre "s
authority has been the allegiance he commands from the armed
forces and the security services. In some areas, traditional
leaders (e.g., cantonal or village chiefs) are popularly
elected or chosen by the subordinate members of the
traditional hierarchy.
While ethnic unrest continued in some regions of Chad, and
opposition leaders such as ex-President Goukouni remained
abroad. President Habre made further efforts in 1989 to
achieve international and national reconciliation on the
political front. On August 31, Chad and Libya agreed to seek
a political solution to their conflict over the Aozou strip.
This Framework Accord, signed in Algiers, includes a provision
for an exchange of prisoners of war and, potentially, the
withdrawal of Libyan troops from the disputed northern border
area.
In addition. President Habre carried through on the
"Libreville Accords," signed in late 1985 in Gabon by the
Chadian Government and the rallying opposition parties,
calling for the drafting of a new constitution within 4 years
and eventual free elections. A Constitutional Commission
presented a draft document in March 1989, and after scrutiny
by the Government, the party, and the President, the people
approved a new Constitution by referendum on December 10.
President Habre was elected President without opposition at
the same time. The Constitution promises basic human and
political rights, including the rights of women and labor
unions. It also provides for a unicameral legislature
scheduled to be elected in 1990.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Chad cooperates with the ICRC in permitting some prison
visits, but continued to deny the organization access to any
Libyan POW's, although discussions on this issue continued in
1989. It did not respond to AI ' s appeal for an investigation
into Saleh Gaba's case (see Section I.e.). There are no local
human rights organizations that monitor and comment on the
Government's human rights policies.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There are 290 ethnic groups in Chad. They are roughly divided
between Saharan and Arab Muslims in the northern and eastern
regions, and Bantu peoples in the south. The latter group
includes both those who have retained traditional animist
practices and those who have adopted Christianity. Over 20
years of conflict have transformed the cofRplezity of ethnic
75
CHAD
divisions beyond simple north-south formulations. Between
1965 and 1985 as many as 11 factional armies contended at
times for control of the country. In an effort to build a
national government. President Habre has expanded ethnic and
geographic representation by appointing people to top
government and party positions from all parts of the country.
Officially, Chadian women enjoy full political equality and
the full protection of the law. In practice, neither
traditional law nor the inherited French Code fully protects
women's rights. The new Constitution specifically prohibits
discrimination on the basis of sex. Women contribute the bulk
of labor in virtually all aspects of farming, even though men
are the heads of many agricultural cooperatives. Women also
engage in commerce ranging from managing simple market stalls
to the ownership of some larger businesses. Women serve
voluntarily in the armed forces, although they are excluded
from officer training programs.
Violence against women, mainly wife beating, reportedly occurs
in Chad on a fairly wide scale, but it is difficult to
quantify. Doctors in Chad estimate that about 7 percent of
admissions to emergency wards are for domestic violence cases
directed against women, about 3 percent against men. While
domestic violence is not sanctioned by the Government, the
police do not normally intervene in domestic disputes because
of strongly ingrained traditional attitudes of male
dominance. Formal legal remedies are ineffective. Customary
courts occasionally intervene, reflecting the mores of the
different ethnic groups they represent. OFUNIR, the women's
wing of the political party UNIR, is strongly and articulately
vocal in opposing domestic violence directed against women.
Early in 1989, OFUNIR organized a well-publicized lecture and
discussion on the issue. Female genital mutilation
(circumcision) has long been common in Chad; it is more
prevalent in the south as part of initiation rites and in
cities among all ethnic groups as a status symbol. The
Government opposes these practices but has not outlawed them
due to the deeply rooted traditional and religious attitudes
of many Chadians.
Section 6 Worker Rights
a. The Right of Association
About 95 percent of all Chadian workers are involved in
subsistence agriculture, animal husbandry, or fishing. As a
result, the labor movement is small and only marginally
effective. Chad's labor laws permit the formation and
functioning of unions subject to restrictions. The two rival
trade union federations were merged in 1988 into a single
national umbrella organization, the National Union of Chadian
Trade Unions (UNST) , which subsequently became the labor wing
of the ruling UNIR party. All unions are required to be
members of the UNST, which is controlled by the Government.
The UNST has not sought to affiliate with any international
trade union organizations except African organizations such as
the Organization of African Trade Union Unity.
The right to strike exists only if arbitration at three levels
in the Ministries of Labor and Justice fails. This process,
which in effect makes strikes illegal, has been criticized by
the International Confederation of Free Trade Unions. The
International Labor Organization (ILO) Committee of Experts
(COE) has observed that various legal provisions of Chadian
76
law, which forbid public employees from exercising the right
to strike, prohibit trade unions from all political activity,
and suspend all strikes, are at variance with Convention 87 on
Freedom of Association, which Chad has ratified. The
Government has given assurances that these provisions will be
repealed, and the ILO is advising the Government on the
preparation of draft language for a new labor code.
b. The Right to Organize and Bargain Collectively
Freedom of association and the right to form unions is
guaranteed in Chad's new Constitution, and the right of labor
to organize and bargain collectively is established in Chadian
law. However these rights are weakened by provisions that
allow the authorities to intervene in the collective
bargaining process and require prior government authorization
for collective agreements to come into force. Government
labor tribunals exist to hear worker -employer disputes. Their
decisions may be appealed to the judicial system. Labor laws
are applied uniformly throughout the country. There are no
export processing zones.
The ILO COE has welcomed the Government's stated intention to
amend the labor code to reduce significantly government
interference in the collective bargaining process.
c. Prohibition of Forced or Compulsory Labor
The ILO has been critical of Chad in the past for the use of
forced labor. The Government is continuing discussions with
the ILO on revising its labor laws to meet ILO conventions on
forced labor, which Chad has ratified.
d. Minimum Age for Employment of Children
The minimum age for employment is 14 in the wage sector, but
enforcement of this law is limited. There is general
compliance in practice, given the large pool of adults seeking
employment. However, children work on family farms at a much
earlier age.
e. Acceptable Conditions of Work
The statutory minimum wage rate for workers in the formal
economy is approximately $25 per month, which is barely
sufficient for subsistence. The Government, the largest
employer, promised to begin paying civil servants their full
salaries in 1989, but frequent budgetary shortfalls caused
irregular payments. Most workers must supplement their
incomes through subsistence agriculture, second jobs, and/or
reliance on the extended family system.
Most nonagricultural work is limited to 48 hours per week,
with overtime to be paid for any excess. Agricultural work is
supposedly limited to 2,400 hours per year. All workers must
have at least 24 consecutive hours of rest each week, usually
on Sunday. Occupational health and safety standards are
established by law and ministerial decree; but, as with most
social legislation, enforcement is weak.
77
COMOROS
During much of 1989, the Federal Islamic Republic of the
Comoros was a de facto one-party State led by President Ahmed
Abdallah Abderemane, who, backed by the Presidential Guard,
had been continuously in power since 1978. Located in the
Mozambique Channel between East Africa and Madagascar, Comoros
comprises three islands and claims a fourth, Mayotte, which is
still governed by France. In 1989 there were four important
amendments to the 1978 Constitution, including one which would
have permitted President Abdallah to succeed himself in 1990.
On November 27, President Abdallah was assassinated under
mysterious circumstances. Under constitutional provisions,
the head of the Supreme Court became acting President, and
Abdallah's Cabinet of Ministers remained in place. However,
effective power rested with Bob Denard, a French soldier of
fortune, and approximately 25 European mercenaries who were
serving as the officers of the Presidential Guard. Denard and
his group eventually bowed to intense pressure from France and
South Africa and voluntarily departed the Comoros on December
15, leaving command of the Presidential Guard in the hands of
French troops who arrived that same day. At the invitation of
the acting President, a wide spectrum of Comorian political
leaders began roundtable discussions in mid-December to
prepare for new, democratic presidential elections in 1990.
About 25 mercenaries, primarily French, had trained and led
the South African-funded Presidential Guard, which had primary
responsiblity for internal security and which was the source
of a number of human rights abuses. France, which had
provided considerable financial and technical assistance to
the small Comorian armed forces and the gendarmerie, seemed
likely to reorganize the Guard and integrate it into the
regular armed forces in the wake of the mercenaries' departure
Agriculture dominates the economy, but Comoros is running out
of arable land, and soil erosion on the steep volcanic slopes
is an increasing problem. Revenues from the export of
vanilla, essence of ylang ylang, and cloves continue to fall.
Three major families, of which the late President Abdallah's
is one, control most of the import-export business. Comoros
is part of the French franc monetary zone and depends heavily
on France for budgetary support and technical assistance. In
1989 Comoros began to implement a number of economic reforms
sought by the International Monetary Fund and World Bank,
including a 5-percent cut in already low civil service
salaries.
Human rights were sharply restricted during President
Abdallah's rule. Freedom of speech, press, association,
citizens' rights to change their government, women's rights,
and worker rights were all significantly restricted. Several
weeks before he was assassinated, voters in a referendum
approved constitutional changes that removed restrictions on
President Abdallah's ability to succeed himself; there were
numerous reports of fraud and tampering with ballot boxes in
the referendum. During the brief period of rule by the
mercenaries after Abdallah's death, there were almost no
arrests, and virtually all political prisoners were released.
By the end of the year, politicians were actively engaged in
the preparations for presidential elections in 1990.
78
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of such killings in 1989.
b. Disappearance
There were no reports of disappearance in 1989.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no substantiated reports of torture or other cruel,
inhuman, or degrading treatment or punishment in 1989.
However, there were unconfirmed reports that in the last days
of the Abdallah regime, after the November 5 referendum on
constitutional changes, there was some torture of suspected
arsonists on the island of Anjouan.
d. Arbitrary Arrest, Detention, or Exile
In 1989 there were no known cases of arbitrary arrest or
detention. In regular criminal cases, a person may not be
detained more than 48 hours without being charged. This is
generally followed in practice. However, under Abdallah" s
regime, there was apparently no such limit in cases involving
national security, which was interpreted broadly by the
Government. For example, four persons, including two former
•ministers, were detained for 2 months in 1988 in connection
with a pamphlet criticizing the Government for its neglect of
the island of Moheli.
From November 27 to December 15, when Denard and the
mercenaries effectively controlled the country, virtually all
those who had been detained after the 1985 and 1987 coup
attempts and in connection with the November 5 referendum,
were released.
with regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
The Constitution provides for the equality of all citizens
before the law and the right of all accused to defense
counsel. The Comorian legal system applies Islamic law and an
inherited French legal code. Most disputes are settled by
village elders or by a civilian court of first instance. In
regular civil and criminal cases, the judiciary is usually
independent, and trials are public, but in national security
cases during the Abdallah regime regular judicial procedures
were sometimes completely ignored.
One of Denard's last official acts was the release of Said
Moustafa Cheik of the leftist Democratic Front, whom Abdallah
considered to be the only political prisoner in the country.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for the inviolability of home and
property. There were no known cases of arbitrary interference
79
COMOROS
with privacy in 1989. There is no regular, systematic
interference with correspondence, but some members of the
opposition believed that their mail may have been screened by
the Presidential Guard (see also Section 2.a.)'
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Despite constitutional provision for freedom of expression,
thought, and conscience, they were significantly restricted
under President Abdallah's rule. Comorians discuss and
criticize the Government and its leading personalities openly
in some situations. During the parliamentary debates on the
constitutional changes, the Assembly's sole opposition member
spoke freely against the Government, for which he was sharply
criticized by President Abdallah, but otherwise suffered no
harassment. The so-called tribune libre, an informal private
forum for discussion of political, economic, social, and other
issues, has been in existence for several years. Meetings are
by invitation, but all subjects are covered, and the existence
of the group was known and tolerated by the Abdallah
Government. Attendees include figures from both the public
and private sectors.
However, the Abdallah Government restricted public criticism
of its performance. After political tracts critical of the
regime appeared in Mutsamudu, Anjouan, the Government
organized public meetings to criticize the authors. One
member of a leading business family, who wrote an open letter
critical of the President and accused a senior minister of
corruption, was harassed by the Government and fined
exorbitant amounts for petty tax and customs duty
irregularities .
There is a considerable degree of self-censorship by the
government-owned radio station and the semi-independent
bimonthly newspaper. Prior censorship is rare.
Foreign journals and newspapers are available, as are books
from abroad. The Paris-based Indian Ocean Newsletter, which
is often critical of the Comoros, generally arrives unhindered
through the international mail. To show solidarity with
fellow Moslem countries, Salman Rushdie's "Satanic Verses" was
banned in 1989, and in March the Interior Minister personally
led a public burning of foreign publications containing
excerpts from the book. For several weeks after that
incident, foreign publications were carefully screened and
some issues were confiscated. An issue of the local newspaper
was recalled in order to reprint a page containing an article
about the Rushdie affair deemed overly critical of Westerners.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of association. Under
Abdallah, Comorians were circumspect about organizing public
political gatherings, and political groupings opposed to the
Government kept a fairly low profile. The December roundtable
discussions on the presidential elections comprised
representation from a broad cross-section of society,
including the previously banned Democratic Front.
For a discussion of freedom of association as it applies to
labor unions see Section 6. a.
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c. Freedom of Religion
An overwhelming majority of the population is Muslim. The
Constitution holds Islam to be the "wellspring of the
principles and rules which guide the State and its
institutions." However, the State upholds the right of
non-Muslims to practice their faith. There are churches for
the small Protestant and Catholic populations. Christian
missionaries work in local hospitals and schools, but they are
not allowed to proselytize.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on travel within the country.
Passports and exit visas for foreign travel are generally
granted. One disgruntled former government official was
allowed to emigrate without any problem. A leading member of
the opposition was denied an exit permit but successfully
traveled to France anyway, via Mayotte and Reunion. Some
members of the large Comorian community in France opposed the
Abdallah Government, but in 1989 none of those returning to
the Comoros were subjected to governmental reprisals.
Section 3 Respect for Political Rights: The Right of Citizen:
to Change Their Government
Under Abdallah, the right of citizens to change their
government through peaceful means existed in theory but not in
practice. With his November 27 assassination and the December
15 departure of the mercenaries who had led his Presidential
Guard, a new political era opened in the Comoros. No less
than 14 political groupings were represented in the roundtable
discussions on the presidential elections, which will be held
in 1990 at a date still to be determined. The roundtable
discussions indicate that the Constitution will probably be
modified to permit several political parties and presidential
candidates to contest the elections. Following these, the new
President would likely dissolve the Federal Assembly and
organize open, multiparty parliamentary elections.
In the 1987 Federal Assembly elections, opposition candidates
were permitted to run, but there was widespread fraud on
election day, and the ruling United Progress Party (UPP) won
41 of 42 seats. In 1988 an opposition candidate won the
by-election to fill the remaining vacant seat in the Assembly.
Traditional social and economic institutions also infltience
importantly the country's political life. Intra-island
rivalries have been a persistent and growing factor. Village
notables and Muslim religious leaders tended to dominate local
politics .
Comoros continues to claim sovereignty over Mayotte, which did
not join the other islands in declaring independence from
France in 1975. The results of a 1977 referendum on the
status of Mayotte--overwhelmingly in favor of remaining with
France--has never been accepted by the Comorian Government.
The French have indefinitely postponed a new referendum. In
the June 1988 French parliamentary elections, 98 percent of
the voters on Mayotte supported candidates advocating closer
ties to France, while less than 2 percent favored candidates
advocating independence or reunification with the Comoros.
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COMOROS
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights.
After 1986 the Abdallah Government did not respond to requests
from human rights organizations including, as far as is known.
Amnesty International's call for an investigation regarding
the alleged use of torture on some detainees held after the
1987 coup attempt. No local human rights groups were
permitted under President Abdallah' s regime.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The constitutional recognition of Islam's special status
formalizes the deeply held commitment of most Comorians to an
Islamic world view. The society respects authority based on
inheritance, age, wealth, and religious leadership.
The Constitution formally provides for the equality of
citizens regardless of race, sex, or religion. Nevertheless,
within Comorian society, men have the dominant role. Women
have the right to vote and to participate, in theory, in the
political process as candidates, but tradition has been a
powerful force in discouraging women from direct participation
in politics. Women are neither veiled nor limited, in terms
of employment, to minor civil service posts. Change in the
status of women is most evident in the major towns. Women are
finding increasing employment opportunities in the small paid
labor force, and generally receive wages comparable to those
of men in similar work. Property rights generally do not
disfavor women; for example, the house the father of the bride
traditionally provides to the couple at the time of their
marriage remains her property, even if her husband divorces
her .
Violence against women, including wife beating, occurs but is
believed to be rare. The Government has not addressed this
issue specifically, however, and there are no studies or
statistics available to help determine the extent of the
problem. When an expatriate chef at a new luxury hotel
slapped a woman for an alleged work infraction, her male
coworkers quickly came to her rescue, and the chef was quickly
fired. Female circumcision is not practiced in the Comoros.
Section 6 Worker Rights
a. The Right of Association
The Constitution allows workers to form unions and to strike.
However, farming on small landholdings, subsistence fishing,
and petty commerce make up the daily activity of most of the
population. Hence, the wage labor force is small (less than
2,000 workers), and there are no formally constituted, legally
recognized unions at present. There have been sporadic
groupings of workers in various sectors (dockers, taxi
drivers) who have formed temporary associations for presenting
specific grievances, but these have tended to dissolve after
their demands were met. Public service employees are not
subject to the Labor Code but are granted the right to
organize in civil service legislation. There is an active
teachers' association.
A half-day strike at a new luxury hotel led to the firing of
the expatriate manager and improvements in pay and working
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COMOROS
conditions. There were also brief work slowdowns by teachers
and airport baggage handlers about late payment of salaries.
The increasing scarcity of jobs is also a real restraint on
labor complaints, organizational activities, and formal
strikes. The Government's inability to pay wages and salaries
on schedule sometimes results in work slowdowns, absenteeism,
and informal, peaceful protests.
b. The Right to Organize and Bargain Collectively
The absence of formal unions does not mean that collective
bargaining does not exist. There are various informal
collective conventions between workers and employers. There
are no export processing zones. Labor legislation, to the
extent it exists, is applied uniformly throughout the country.
c. Prohibition of Forced or Compulsory Labor
There is no forced or compulsory labor in the Comoros.
d. Minimum Age for Employment of Children
The minimum age for employment of children is 15. This is
generally respected. Child labor is not an issue due to the
lack of employment opportunities for adolescents and young
adults. Children do help in family units in the large
subsistence sector.
e. Acceptable Conditions of Work
The currently accepted minimum wage is approximately $50 per
month, which is barely adequate to cover basic human needs.
However, the hours of work in any category rarely exceed 35
hours per week. In 1989 the Government reminded employers to
respect the Labor Code, which guarantees a day off per week
plus a month of paid vacation per year. Otherwise, the
Government's role in such labor-related fields as setting
health and safety standards is miminal.
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The People's Republic of the Congo is officially a
Marxist-Leninist state governed by an elite group of civilian
and military officials through the single legal party, the
Congolese Labor Party (PCT) . President Denis Sassou-Nguesso,
Chief of State and Head of Government since 1979, serves as
President of the 75-member PCT Central Committee. The
President nominates the other 12 members of the PCT Political
Bureau, the key policymaking group, whose selection is
approved by the Central Committee. Under Sassou, Central
Committee membership has usually reflected a balance among
Congo's rival southern, northern, and central ethnic groups.
The military and security services are firmly under the
control of the northerners, who are the ultimate arbiters of
power in Congo and have dominated its Government since 1968.
The need to maintain a consensus among the competing regions
and ethnic groups has provided a check on arbitrary and overly
pronorthern policies. Congo's National Assembly has limited
powers, but it has recently begun to serve as a sounding board
on social and economic issues and to draw representatives of
key interest groups outside the PCT into the political arena.
The security apparatus, which is under the direction of the
Presidency, is headed by the State Security Organization
(DGSE) and is patterned after those in Eastern Europe. Its
principal objective is to protect the State against all
possible dissident activity. As of late 1989, the military
forces were no longer routinely used for internal security
purposes because the police have been reorganized, removed
from the Ministry of Defense, and given special riot and crowd
control training. PCT "core groups" are in all ministries,
labor organizations, mass organizations, and urban districts.
They only intermittently attain their stated goal of
monitoring the activities of workers and neighbors.
The Congolese economy is highly dependent on oil, and
declining oil prices since 1985 have forced the Government to
cut its budget expenditures, cooperate with the International
Monetary Fund and World Bank in formulating a structural
adjustment program, and to seek debt relief measures. In
addition, since 1985 the Government has followed a policy of
liberalization of the economy and has moved toward a truly
nonaligned foreign policy. At the Fourth PCT Congress in July
1989, the party called for and adopted an economic program
emphasizing administrative reform, agricultural
self-sufficiency, privatization of state enterprises, and
encouragement of foreign investment. Despite its Socialist
policies, the PCT has never forbidden private property and
enterprise, and it has encouraged the indigenous commercial
sector in the past few years.
Human rights remained circumscribed in 1989. Most Congolese
live their lives with little government interference as long
as they do not criticize the Government. The principal human
rights problems include mistreatment and torture of detainees;
arbitrary detentions; lack of fair trial; discrimination
against women; and tight restrictions on freedom of speech and
press, assembly and association, worker rights, and the right
of citizens to change their government.
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RESPECT FOR HUMAN RIGHTS
Section 1 Respect for and Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of such killings.
b. Disappearance
There were no reported cases of disappearance for political
motives .
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment.
The practice of beating suspects at police stations and at
state security centers in the course of interrogations is
common. The public or the police frequently beat thieves who
have been caught in the act of stealing. Political detainees
are held incommunicado; Ammnesty International (AI), in
various statements and reports, has expressed concern about
the use of torture to extract information from detainees held
after the 1987 coup attempt. At the same time, several
political prisoners held incommunicado in the past are now
leading normal lives, including as government ministers.
Prison conditions in general are very poor.
d. Arbitrary Arrest, Detention, or Exile
The Constitution provides protection against arbitrary
indictment, arrest, and detention. But in practice a warrant
is not required to make arrests. Under the Code of Penal
Procedure a detainee must be brought before an investigative
judge within 3 days of arrest. The judge may then order
detention for a maximum period of 6 months, after which the
detainee must be charged or released. This law, however, does
not apply in cases involving security of the State, and
political detainees have been held for lengthy periods without
being brought before a judge or charged, e.g., the Government
held Georges Mf aouta-Kitoko, Christophe Samba, and Florent
Kihoulou without charge from 1986 to 1988 for belonging to an
independent political discussion group and writing a tract
calling for a "new society." The trial of those accused of
participation in the 1982 Brazzaville bombings did not take
place until 1986, and some of the accused were held
incommunicado for several years. A similar pattern appears
with respect to those accused in the 1987 coup attempt.
Despite government steps to increase the number of magistrates
and improve procedures, the administrative processing of
regular criminal cases is slow, and persons awaiting trial are
often held for lengthy periods. Whether a detainee is
formally charged usually depends upon the seriousness of the
crime and the economic situation of the family. For lesser
crimes, the person is usually taken to jail, where he may be
beaten and held for a few days, then released on bail pending
a trial which may never take place. A person accused of a
serious crime (e.g., murder, rape) is held in prison until the
trial, which may be held months or even years later.
The number of political detainees or prisoners in 1989 was
unavailable. In 1987, according to AI , the Government
arrested 60 or 70 people in connection with an abortive coup
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attempt by former army captain Pierre Anga and supporters with
alleged ties to President Sassou's predecessor, Joachim
Yhombi-Opango. The Government officially acknowledged the
arrest of four military men and two civilians for alleged
participation in the coup plot. Yhombi-Opango, Colonel Jean
Michel Ebaka, and Lt . Colonel Eboundit, the ranking military
officers arrested, remained in detention at a government
housing complex at the end of 1989. After one coup
participant was tracked down and killed by government troops
in July 1988, a number of his relatives and other associates
were arrested. The Government claims to have released some of
these persons. In November 1989, it announced the release of
some 40 civilians implicated in the 1987 coup attempt but has
refused to reveal the names of those released or still in
detention.
In 1988 the President announced an amnesty for most persons
held for political offenses since 1963, excepting those
arrested in connection with the 1987 coup plot. Despite this
announcement, it appeared that at least some other political
detainees remained in prison at the end of the year.
There were no known instances of exile being used as a means
of political control in 1989. With regard to forced or
compulsory labor, see Section 6.c.
e. Denial of a Fair Public Trial
The legal system is not free from political interference. The
Constitution establishes the Supreme Court at the apex of the
judiciary, but in practice this Court is an arm of the
executive branch rather than an independent body. The amended
Constitution also provides for nonprofessional judges to be
elected to all courts below the Supreme Court. The stated
purpose of this was to "popularize justice," i.e., provide a
role for peers to influence the formal judicial process.
According to the law, any Congolese citizen can become a judge
but can adjudicate cases only in collaboration with trained
judges. All nominations must be approved by the party. By
law, the right to a fair and public trial exists in all cases,
and the judicial process is relatively fair and open for those
accused of common crimes. It is not unusual to have a higher
court reverse lower court decisions in nonpolitical cases.
Detained persons are entitled to legal counsel, and all
lawyers are regulated by the State. In capital criminal
cases, defense lawyers are provided by the Government for
those without funds.
While political cases usually do not come to the trial stage,
when they do they are tried by a special court, the
Revolutionary Court of Justice. Trials before this Court,
such as the August 1986 trial of 10 persons convicted of
causing bomb explosions in Brazzaville in 1982, have not met
international standards of fairness. In that case, AI
indicated that several judges were members of the PCT Central
Committee and had been involved in the case at an earlier
stage. In 1988 the President commuted the sentences of four
defendants in the case. There were no known political cases
tried before the Revolutionary Court in 1989.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There is generally little interference by the Government with
privacy, family, home, or correspondence so long as a person
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does not engage in any overt activity which involves or
implies opposition to the Government.
Section 2 Respect for Civil Liberties, including:
a. Freedom of Speech and Press
Freedom of speech and press are restricted, despite guarantees
in the Constitution. The Government allows some criticism of
its policies and programs judged not to be politically
sensitive, but it does not allow its ultimate authority to be
challenged publicly. The Government does not hesitate to
arrest people and hold them incommunicado for expressing views
it finds objectionable, as in the cases of the "new society"
writers (see Section l.d) and Jean-Felix Demba Ntelo, who was
released by presidential decree in 1988 after several months
in custody. (The Government maintains that these persons were
involved in a coup plot.)
The State owns and controls all media except for one weekly
religious newspaper. A state censorship committee reviews the
content of all newspapers, movies, books, and records.
Articles considered to be critical of the Government or its
leaders are censored. The Government and party, through
general guidelines for journalists, control the kind of news
Congolese journalists may publish from various sources of
information. Self-censorship, however, is the general pattern.
The Congolese have access to Zairian radio and television, as
well as to news and feature programming from France and the
United States. Western papers and magazines are freely
available. However, individual issues containing articles
critical of Congolese domestic politics have been pulled from
newsstands and the mails; and foreign journalists working on
domestic issues are occasionally detained or expelled.
Foreign journalists are generally permitted to travel freely
once an entry visa and a special permit for travel to the
interior are obtained. These are usually granted.
Academic freedom is limited. The Congolese educational system
borrows liberally from the Soviet system in form, but it
offers a broad range of materials, including American, to
students. Increasing numbers of Congolese pursue higher
education in American and other Western institutions.
b. Freedom of Peaceful Assembly and Association
The right of peaceful assembly is limited by the State's
perceived self-interest. Political meetings are permitted
only for the party and its affiliated organizations.
Government permission is not required for groups to assemble
for religious or social purposes, but it is required for the
use of official facilities. Government authorization is also
required to establish professional clubs and organizations, of
which there are several.
For a discussion of freedom of association as it applies to
labor unions, see section 6. a.
c. Freedom of Religion
Freedom of religion is guaranteed by law, but the Government
is officially atheist. Christmas Day, for example, is
officially called Children's Day. Religious organizations,
such as the Salvation Army, must obtain government permission
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to work in the Congo. Jehovah's Witnesses are not permitted.
Members of the Baha * i faith may hold services but are
prohibited from organizing and teaching. With these important
exceptions, the government and party position toward religious
affairs is characterized by political pragmatism, with
regular, though unofficial, contacts between the respective
leaderships .
The Catholic Church, the largest single religious community,
maintains a seminary for the training of its clergy and has
missions throughout the country. Masses are held in French
and the various local languages. The Catholic church
publishes the only independent newspaper. La Semaine
Africaine. Catholic and other missionaries are active in
managing private missions and providing other social
services. Some social services formerly provided by the
Catholic Church have lapsed, but a few continue as joint
church-government ventures, especially in education. With the
recent liberalization in Congo's economic policies, there are
some signs of government efforts to solicit church support,
including the provision of seats for religious representatives
in the National Assembly.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government exercises limited control over the internal
movement of its citizens through identification card checks
and control points outside all major towns where soldiers or
militia rigorously check identification documents. Congolese
citizens wishing to travel abroad require exit authorization
from the -State Security Organization (DGSE) . Passports are
generally granted but must be returned to the DGSE after the
traveler returns from abroad. There are no known instances of
Congolese being refused the right to return to their country.
There are no known cases of a native-born Congolese being
denied citizenship.
The Congo is the home of about 2,000 refugees, primarily from
Chad, Central African Republic, Rwanda, Burundi, and Zaire.
In the case of Zaire, refugees are often indistinguishable
from the sizable number of Zairians in Congo engaged in
economic pursuits. Refugees are subject to surveillance and
occasional harassment and expulsion by the Congolese
Government, but there has been no widespread or systematic
forced repatriation of refugees. The Congo is a party to the
U.N. Convention and Protocol Relating to the Status of
Refugees, and a representative of the United Nations High
Commissioner for Refugees is resident in Brazzaville.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Congolese people do not have the right to change their
government through democratic processes. Under the
Constitution, the President of the Central Committee of the
Congolese Labor Party (PCT) is automatically President of the
Republic. After coming to power in a surprise Central
Committee maneuver in 1979, Colonel Denis Sassou-Nguesso was
reelected by regular party congresses in 1984 and 1989. The
President is the most powerful single person in government,
but his authority is limited by his need to maintain a
consensus in the Political Bureau and within the larger
Central Committee. The Congolese military, whose leadership
is drawn primarily from the north, supports the Government,
24-900 O— 90 4
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CONGO
and its officers occupy key positions among the ruling group.
Government and party positions, however, are awarded to
representatives of the southern and eastern ethnic groups in
numbers sufficient to ensure their support or acquiescence and
to maintain a rough regional and ethnic political balance.
Opportunities for political involvement by Congolese citizens
are limited to the Marxist-Leninist Congolese Labor Party
(PCT), including its mass organizations, and to participation
in national, regional, and local assemblies. The PCT is the
"supreme social and political organization." No other
political parties are permitted to operate, and political
competition takes place almost exclusively within the PCT
framework. PCT membership is approximately 10,000 out of a
population of some 2 million. Membership is awarded on the
basis of political loyalty and public service.
The national, regional, and local assemblies are elected by
universal suffrage from single, party-approved lists, which
contain only one candidate for each seat. The selection
process can involve a certain amount of negotiation within the
PCT, and incumbents have been turned out of office in the
process. National Assembly representatives are chosen on a
merit basis from a broad spectrum of the population, including
party members, the army, small farmers, workers, and
representatives of religious groups. The powers of the
National Assembly are limited, but its debates on social and
economic issues have some impact. Regional and local
assemblies may discuss issues and make recommendations before
decisions are made at the national level. The last elections
for the national, regional, and local assemblies took place in
September 1989.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Congo Government rarely publicizes the arrest, trial, or
release of political opponents. Polite listening without
response is standard government procedure when faced with
human rights inquiries from foreign governments or
nongovernmental organizations. Foreign journalists have been
expelled for investigating human rights issues, such as the
circumstances under which political detainees are held. The
Government did permit AI to send an observer to the 1986
bombing trial. It did not respond, however, to AI ' s
subsequent request to send a delegation to review the human
rights situation or to its 1987 memorandum concerning the 1986
trial. There are no human rights organizations in the Congo.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Under the Constitution there is no official discrimination
based on race, sex, religion, language, or social status. As
previously noted, northerners, especially those of the Cuvette
region, exert strong influence in politics and in the security
services. There are occasional reports of mistreatment of
pygmies. Such incidents seem to be the result of cultural
friction between those forest dwellers and villagers, rather
than government policy, which specifically calls for
integrating the pygmies into the economy and society.
Women have the same legal rights as men in commerce, politics,
and society. Among some ethnic groups, women are often the
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chief decisionmakers. There is a large disparity, however,
between salaries for men and women, and women are relegated to
a secondary role in the modern sectors of society. This also
holds for rural society where women are heavily involved in
traditional family farming. The husband has considerable
legal or actual control over the activities of his spouse, a
control usually moderated by the influence of the extended
family. Congolese women may not receive official travel
documents without the permission of their husband, father, or
male head of family.
Anecdotal evidence suggests violence against women, for
example in the form of wife beating, is not widespread in the
Congo. However, there are no studies or statistics available
to determine more precisely the extent of the problem. There
are no specific laws addressing violence against women beyond
those protecting individuals regardless of sex. Legal
remedies through the court system are available but are rarely
used. In this strongly family-oriented society, informal
remedies through the extended family system are most readily
used. The Government has not specifically addressed the issue
of violence against women, but in any case relies on the PCT
women's organization to take the leadership role in educating
the public in such matters. Female genital mutilation
(circumcision) is not practiced among the Congolese; it may,
however, occasionally be found among West Africans resident in
Brazzaville or Pointe Noire.
Section 6 Worker Rights
a. The Right of Association
The labor code adopted in March 1975 provides in theory for
the right or workers to associate. In practice, given its
historically active political role, the labor movement is
scrutinized closely and controlled by the Government and
party, largely through the umbrella union, the Congolese Trade
Union Confederation (CSC), which is itself an appendage of the
party. No group is allowed to form an independent,
alternative union outside the party. As long as political
subjects are avoided, there is a degree of democratic dialog
within the labor movement and between the CSC and the
Government .
The CSC unions are prohibited from striking, although wildcat
strikes occur with relative impunity.
The CSC is affiliated with the Communist-controlled World
Federation of Trade Unions (WFTU) , but it is free to and does
associate with other international and regional labor
organizations. As a reflection of the Government's efforts to
improve contacts with Western countries, the CSC leadership in
1988 proposed establishment of a bilateral relationship with
the American Federation of Labor and Congress of Industrial
Organization's (AFL/CIO) African American Labor Center
(AALC) . However, the AFL/CIO's policy against association
with WFTU-af filiated unions has limited the contacts and
prevented Congolese participation in AALC-sponsored activities.
Despite government assertions that the single trade union
system results from the common will of the workers and from
political, economic, and historical development, the
International Labor Organization's (ILO) Committee of Experts
again in 1989 noted that a trade union monopoly established by
legislation is in violation of ILO Convention 87 on Freedom of
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CQNGQ
Association, which the Congo has ratified, and has urged the
Government to bring its legislation into conformity.
b. The Right to Organize and Bargain Collectively
The CSC is represented in every ministry and state-owned
enterprise and serves on management boards along with a member
of the Government and the party. Known as the "determinant
trilogy," this structure is responsible for ensuring that the
three major points of view are represented in the
decisionmaking process and serves as Congo's form of
collective bargaining in both the public and private sectors.
While no alternatives to strikes exist, the local unions
within the CSC have been able, in some instances, to persuade
the Government to provide workers with increased benefits,
including wage increases. The entire Congolese labor force is
treated equally under the law; there are no exceptions such as
those granted, for example, to export processing zones, of
which the Congo has none.
c. Prohibition of Forced or Compulsory Labor
There were no reports of forced or compulsory labor, which is
legally prohibited.
d. Minimum Age for Employment of Children
The minimum age for employment of children is 16. Outside the
Government and major employers, this minimum is often ignored,
especially in small family enterprises or family farms in the
subsistence agricultural sector.
e. Acceptable Conditions of Work
Working conditions for the 50 percent of the population in the
modern sector are generally good and include a social security
system. These conditions include a maximum 40-hour workweek,
at least 1 day of rest per week, family benefits, severance
pay, and medical care. The minimum monthly wage is $85 for
urban employees. Domestic workers must be paid at least $75
monthly. Outside the Government, large corporations, and
foreign enterprises, these minimums are often ignored. While
many salaried Congolese have a rather high standard of working
conditions and social benefits, the minimum wage does not
provide a decent standard of living for a worker and his
family. Workers at this wage level and many others in the
informal sector are dependent upon the extended family,
including other salaried family members, and some subsistence
farming, in which most of the rural population is still
engaged. There is a code of occupational safety and health,
although it, too, is not rigidly enforced.
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Power in Cote d'lvoire is concentrated in the Democratic Party
of Cote d'lvoire (PDCI) and its long-time leader. President
Felix Houphouet-Boigny, who is in his mid-to-late eighties.
Although the freedom to form other parties is provided for in
the Constitution, in practice no other party has been allowed
to participate in the political process. Basic policies are
set within the PDCI; the unicameral National Assembly has never
publicly challenged a policy put forth by the party.
The Ministry of Internal Security includes the Surete Nationals
and the gendarmerie, the national police, structured along
French lines. The Surete has an arm tasked with intelligence
gathering and counterespionage responsibilities. The
gendarmerie is responsible for territorial security, especially
in the rural areas.
During the 1980 's Cote d'lvoire has been squeezed by a heavy
debt burden and falling prices for its exports, principally
coffee, cocoa, and tropical woods, and per capita income has
slipped in recent years from well over $1,000 to $740. In 1989
the economy continued to decline and the financial situation
remained critical. A new International Monetary Fund and World
Bank financial package was being assembled at the end of 1989.
In 1989 human rights remained circumscribed. The President
continued to advocate dialog with dissenters in settling
disputes, but it is unclear if this has eased the lingering
threat of detentions and conscriptions, such as those which
took place in 1988, and their stifling effect on critics,
including students, teachers, and trade unionists. One
businessman was widely believed to have been convicted on
manufactured charges because of his connection with a
well-known dissident. Other areas of human rights abridgement
included restrictions on freedom of speech and press, academic
freedom, and freedom of assembly and association; and
limitations on women's and worker rights, and the right of
citizens to change their government through democratic means.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political or extrajudicial killings in
1989.
b. Disappearance
There were no reports of officially sanctioned abduction or
disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Penal Code prohibits official violence without "legitimate
justification." The Code does not, however, specifically
mention or prohibit torture, or the level of violence officials
may use if "justified." While there were no confirmed reports
of torture in 1989, foreign Africans are routinely treated more
roughly by police on arrest than are Ivorians. This rough
treatment is reported to include beatings, often with the
objective of extracting a confession.
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d. Arbitrary Arrest, Detention, or Exile
The Constitution and pertinent statutes prohibit arbitrary
arrest or imprisonment. The Government has, however,
occasionally detained persons considered a threat to internal
security. The Government has also used the threat of forced
conscription, such as that which occurred in 1988, to
discourage student and trade union efforts peacefully to oppose
the Government or its policies. In 1988, 20 former officials
or members of the Secondary Schoolteachers' Union were detained
and conscripted into varying lengths of military service.
Under the Code of Penal Procedure, a public prosecutor can
order the detention of a suspect for up to 48 hours without
bringing charges. The Code dictates that further detention
must be ordered by a magistrate who can authorize periods of up
to 4 months, but who must also provide the Minister of Justice,
on a monthly basis, with a written justification for continued
detention. There have been unconfirmed reports that local
police have held persons for more than 48 hours in a few
cases. Bail is -technically available but is not commonly
provided. Defendants are not guaranteed the right to a
judicial determination of the legality of their detention.
Some prominent critics of the Government have chosen to live
and write in other countries (see Section 2. a.). Political
exiles from a number of countries have found Cote d'lvoire to
be a hospitable safe haven.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
The modern judicial system is headed by a Supreme Court and
includes a Court of Appeals and lower courts. Although the
judiciary is generally considered independent of the executive
in practice as well as under the Constitution's separation of
powers provisions, the judiciary follows the lead of the
executive in cases concerning perceived national security
issues. There have also been credible reports that the courts
have given lenient treatment to individuals with personal
connections to the Government. One businessman, Innocente
Anaky, is widely believed to have been convicted of trumped-up
charges of financial impropriety because of his connections to
prominent dissident Laurent Gbagbo. Anaky is currently serving
a lengthy prison sentence.
Defendants have the right to be present at their trials.
Innocence is presumed, and defendants have the right of appeal,
although in practice verdicts are rarely overturned.
Defendants accused of felonies or capital crimes have the right
to legal counsel, and the judicial system provides for
court-appointed attorneys for indigent defendants. In
practice, however, many defendants cannot afford private
counsel, and court-appointed attorneys are not readily
available.
Ivorian law establishes the right to a fair public trial. This
provision is generally respected in urban areas. In rural
areas, justice is often administered at the village level
through traditional institutions which handle domestic
disputes, minor land questions, and family law. Dispute
resolution is by extended debate, with no known instances of
resort to physical or similar punishment. These traditional
courts are increasingly superseded by the formal judicial
system.
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Civilians are not tried by military courts. There are no
appellate courts within the military justice system. Persons
convicted by a military tribunal occasionally request the
Supreme Court to set aside the tribunal's verdict and order a
retrial .
The number of political prisoners is unknown, but is believed
to be small.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
All Ivorians are considered to be members of the PDCI. Party
regulations call for active participation in party activities
and payments of dues, which are collected in most cases through
deductions from paychecks. Most party regulations, however,
are not strictly enforced, and Ivorians who choose not to
participate do not suffer retaliation.
The Code of Penal Procedure specifies that a police official or
investigative magistrate may conduct searches of homes without
a warrant if there is reason to believe there is evidence on
the premises concerning a crime. The official must have the
prosecutor's agreement to retain any objects seized in the
search and is required to have witnesses to the search, which
may not take place between the hours of 9 p.m. and 4 a.m.
Legal safeguards against arbitrary searches are generally
respected in urban areas, although there have been reports of
police entering homes of foreign Africans, taking them to the
local police station, and extorting small amounts of money for
alleged minor offenses. Safeguards against arbitrary searches
are also believed to be ignored on occasion in the countryside.
In 1988 there were some reports that armed members of the
gendarmerie were directly involved in robberies of civilians,
particularly on the highways. There were no such reports in
1989; however, there were continuing reports, difficult to
substantiate, of police roundups of foreign Africans, also with
the intention of extorting money. Private telephone
conversations are monitored to some degree, although it is
difficult to estimate the extent of such monitoring. There is
no evidence that private correspondence is monitored.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Free expression in Cote d'lvoire is provided for in the
Constitution but significantly limited in practice. Public
criticism of basic government policies, the party, or the
President, rarely occurs. Critics of the Government express
themselves in informal situations without fear of reprisal.
Government policy assigns the media a positive role in
promoting national unity and development, allowing criticism of
failures to execute policy but not criticism of the policies
themselves. Investigative journalism is not permitted with
respect to the Government and its policies. The Government
operates radio, television, and a wire service, and owns
majority shares in the two daily newspapers. There are also
two weekly newsmagazines which are controlled by the party.
All of these media follow government policies. Several
periodic pamphlets are published privately.
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In April Vice President of the National Assembly Bamba was
detained for carrying political tracts advocating a multiparty
system. He was released and retains his elected position as
Deputy in the National Assembly.
Academic freedom is restricted. A university professor, Pascal
Kokora, was fired from his job in January 1988 after having his
linguistics class compare Ivorian and foreign news reports of
the trial of former Secondary Schoolteachers' Union officials.
As no alternative work was available for him, he left the
country after several months. This report last year indicated
that Kokora was given his job back in September 1988; in fact,
he was not reinstated and has once again left the country.
Laurent Gbagbo, generally considered to be Cote d'lvoire's
leading dissident, lived in voluntary exile in France from 1983
to 1988, when he returned and was given a job at the
university. In his current position, Gbagbo is limited to
research activities and publishing in scientific journals, and
he is not allowed to have significant contact with students.
In general, professors and students report that they are afraid
to express antigovernment sentiments in any public forum.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly is guaranteed by the Constitution, but in
practice is restricted when the Government perceives a
significant and immediate danger to public order (which can
include the expression of unwelcome political views) .
Gatherings occasionally are canceled to prevent the expression
of controversial views in public forums. Only nonpolitical
gatherings are permitted on campus.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
There are no known impediments to religious expression. There
is no dominant religion, and no faith is officially favored by
the Government. The open practice of religion is permitted,
and there are no restrictions on religious ceremonies or
teaching .
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government exercises minimal control over domestic travel
but has increased internal security roadblocks for identity and
customs checks. Persons stopped at such roadblocks are
frequently harassed and "fined" for one minor infraction or
another. In 1989, at one checkpoint in Abidjan, security
forces slapped an American citizen and beat her French citizen
husband without cause other than perceived verbal insolence.
The army subsequently initiated an inquiry and suspended the
corporal in charge of the patrol pending the inquiry's findings,
Although Professor Kokora initially had some problems obtaining
a passport, Ivorians normally can travel abroad and emigrate
freely. Ivorians have the right of voluntary repatriation.
There are no known cases of revocation of citizenship.
Cote d'lvoire's refugee and asylum practices are liberal. The
country has resettled or granted safe haven to many refugees
from many different countries. In 1989 approximately 800
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COTE D'lVOIRE
refugees, mostly Africans from vneighboring countries, entered
the country. While in Cote d'lvoire, refugees receive 1-year,
renewable resident visas for their first 5 years in the
country, after which they may apply for permanent residence.
Cote d'lvoire does not take any significant responsibility for
the economic and social welfare of refugees, who become the
concern of private and international organizations.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
While in theory the citizens of Cote d'lvoire have the right to
a multiparty system, in practice they are unable to change the
one-party system of government. (The President recently
restated his long-held position that Cote d'lvoire is "not yet
ripe" for a multiparty system.) No opposition groups exist
openly, and the Government does not allow their formation.
Within the PDCI , the President wields power through a 13-member
Executive Committee, a 57-raember Political Bureau, and a
208-member Steering Committee. Political power is concentrated
in the President's hands, and most important decisions are m.ade
by the President himself. The 175-seat National Assembly
confirms and ratifies legislative initiatives received from the
President .
Within this strict one-party system, the Government continues
to encourage more open participation in the political process
by expanding the size of party institutions and by permitting
more party members to compete in legislative, municipal, and
local party elections. In 1989 an important mayoral race in
San Pedro was hotly, and by all accounts fairly, contested.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government is not a party to international human rights
accords but has been cooperative in the past towards
international inquiries into its human rights practices. It
did not respond publicly to Amnesty International's appeals in
1988 on behalf of the Secondary Schoolteachers' Union, and it .
is thus not known what impact, if any, these appeals may have
had on the Government's subsequent positive action.
In 1987 a group of Ivorians formed an internal Human Rights
Association. The Government has repeatedly refused to
recognize this association and has not allowed local
journalists to attend the two press conferences it has held.
Under these circumstances the group's ability to investigate
and report on alleged human rights violations has been very
limited.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There is no overt, official discrimination based on race, sex,
religion, language, or social status. Although French is the
official language and the language of instruction in the
schools, radio and television broadcasts are provided in major
local languages. Social and economic mobility are not limited
by policy or custom.
Males clearly play the preponderant role overall, although some
Ivorian traditional societies accord women considerable
political and economic power. Nonetheless, in rural areas
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COTE D'lVOIRE
tribal customs dictate that menial tasks are performed mostly
by women. Although PDCI policy is to encourage full
participation by women in social and economic life, there is
considerable informal resistance among employers to hiring
women, who may be considered "undependable" by virtue of
potential pregnancy.
Female genital mutilation (i.e., clitorectomy) is widely
practiced in Cote d'lvoire, particularly among the rural Muslim
population in the north and west. The operation, which takes
place at puberty as one element of a rite of passage, is
generally performed outside modern medical facilities.
Clitoral excision is illegal in Cote d'lvoire, but the
Government does not make strong efforts to prevent the
practice, and social pressures are sufficiently strong that it
persists, particularly in small villages where the tribal chief
is the primary decisionmaker. Excision is becoming less
frequent as the population becomes better educated.
Violence against women, especially wife beating, is neither
widely practiced nor tacitly condoned. However,
representatives of womens ' organizations state that wife
beating does occur, often leading to divorce. Doctors state
that they rarely see the victims of domestic violence. A
severe social stigma is attached to domestic violence of any
kind; neighbors will often intervene in a domestic quarrel to
protect an individual who is the object of physical abuse. The
courts and police view domestic violence as a family problem
unless serious bodily harm is inflicted, in which case criminal
proceedings do take place. The Government has no clear-cut
policy regarding wife beating beyond the obvious strictures
against violence in the Civil Code.
Section 6 Worker Rights
a. The Right of Association
Workers have the right to form unions under the Labor Code of
1964, but almost all unions are organized within a single
government-sponsored labor confederation, the General Union of
Cote d'lvoire Workers (UGTCI). Only the University Teachers'
Union is independent of the confederation.
The leader of the UGTCI occupies a senior position in the party
hierarchy. Union membership is encouraged but not mandatory.
The UGTCI is a relatively passive coordination mechanism rather
than an active force for worker rights, although it has had
some success in improving working conditions and safety
standards. The UGTCI represents approximately one-third to
one-half of the organizable work force.
The right to strike is protected by statute, but in practice
strikes are rarely authorized by the UGTCI. There were no
official strikes in 1988, although there were several "work
stoppages." For example, workers in a factory near the capital
stopped work to protest a management plan to reorder
production. In this case, as usually happens, the Government
stepped in to mediate. In 1989 reliable sources suggested that
some wildcat strikes occurred without receiving publicity or
being officially acknowledged.
Generally, the Government negotiates with strikers and resolves
at least some of their economic grievances. In the 1987-1988
dispute with the secondary schoolteachers, the Government used
a variety of powers to coerce the teachers back to their jobs.
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COTE D' IVOIRE
This included arrest and detention of 20 of them and
conscription of several men into military service. There were
no reports that professional groups experienced persecution or
harassment in 1989.
The UGTCI formally prohibits its individual trade unions from
forming or maintaining affiliations with international
professional organizations in their fields, with the exception
of the Organization of African Trade Union Unity.
b. The Right to Organize and Bargain Collectively
In theory, collective bargaining is protected by the Labor
Code. In practice, however, only the UGTCI is allowed to
engage in collective bargaining with individual companies. The
UGTCI has representatives in every major business enterprise,
and the UGTCI Secretariat often plays a mediation or
conciliation role in relations between labor and management in
individual businesses. There are no export processing zones in
Cote d'lvoire, although there is some discussion about creating
such zones in the future. Labor legislation, to the extent it
is applied, is applied uniformly throughout the country.
c. Prohibition of Forced or Compulsory Labor
There have been no reports of forced labor in Cote d'lvoire,
and it is prohibited by law.
d. Minimum Age for Employment of Children
In most instances, the legal working minimum age of 16 is
enforced among government employees and among large
multinational companies. However, children often work on
family farms, and in Abidjan some children routinely act as
vendors of consumer goods in the informal sector. There are
also reports of children working in what could be described as
sweatshop conditions in small workshops. Many children leave
the formal school system at an early age; lower grade education
is mandatory but far from universally enforced, particularly in
the rural areas.
e. Acceptable Conditions of Work
The Government enforces a comprehensive labor code governing
the terms and conditions of service for wage earners and
salaried workers and providing for occupational safety and
health standards. Those employed in the modern sector are
reasonably protected against unjust compensation, excessive
hours, and capricious discharge from employment. The standard
workweek is 44 hours. Minimum wages vary according to
occupation, with the lowest being approximately $110 per
month. This does not provide a decent standard of living for a
worker and his family. Government medical insurance and
retirement programs provide an element of income security for
salaried employees in the modern sector. Month-long paid
vacations and a substantial severance pay are also guaranteed.
There is, however, a large informal sector of the economy,
involving both urban and especially rural workers, in which
many of these occupational regulations are enforced erratically
at best.
DJIBOUTI
Djibouti is a one-party state ruled since independence in 1977
by President Hassan Gouled Aptidon and his People's Assembly
for Progress (RPP) which has been the only lawful political
party since 1981. Public life in Djibouti is dominated by two
ethnic groups, the politically predominant Issa (the tribe of
the President) and the largest single tribe, the Afar. The
presidency is considered to be reserved for an Issa and the
prime ministry for an Afar. Real authority in the Government,
civil service, party, and armed forces is in Issa hands.
Djibouti's security services, all under government control,
include an army of about 3,500 total personnel (primarily
ground forces with small naval and air units), and three
national police forces: the National Security Force and the
National Police, both under the Ministry of the Interior, and
the Gendarmerie, under the Ministry of Defense, which has been
involved in human rights violations. France guarantees
Djibouti's external security and maintains a force of about
3,800 military and naval personnel in Djibouti.
Djibouti's narrowly based fledgling economy depends almost
entirely on services to its (mostly French) 10,000 expatriate
residents and operation of the seaport, airport, and
Djibouti-Addis Ababa railroad. Although the State is the
largest employer, individuals are free to pursue private
business interests and to hold personal and real property.
Human rights in Djibouti remained tightly circumscribed in
1989. Areas of concern included: the continued denial of
political pluralism, in particular the domination of the
Government and single legal political party by the Issa tribe;
restrictions on freedoms of speech, press, and assembly;
refusal to recognize the refugee rights of Somali nationals
fleeing the Somali civil war; incidents of arbitrary arrest,
detention, and deportation; and allegations of the use of
torture by the security services.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There was no politically motivated killing, but at least one
person died while in official custody. This occurred after
the authorities, in the city of Tadjourah in June, arrested
five persons who protested the method of distribution of
emergency relief food aid. A young Afar man died under
unexplained circumstances in a hospital while in police
custody (see Section I.e.).
b. Disappearance
There was no disappearance of persons for political reasons.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
According to credible reports, in 1989 branches of the
Gendarmerie in particular carried out brutal interrogations of
some detainees (including Somali refugees), which included
beatings and other physical abuse, and there were allegations
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DJIBOUTI
of methodical torture of detainees in isolated cases. The
death in a hospital of a young Afar man while under
Gendarmerie custody in the spring sparked renewed public
allegations of torture by the security authorities. The
Government did not comment publicly on this incident.
d. Arbitrary Arrest, Detention, or Exile
By law, a person may be detained no more than 48 hours without
an examining magistrate's formal charge. In practice, this
deadline is ignored in cases of political interest. An
accused has the right to legal counsel, which is provided by
the State, if the accused is destitute. An accused person
awaiting trial may, by a judge's order, be released on bail or
on personal recognizance, or be jailed pending the final
verdict.
The Director of a prominent U.S. human rights organization was
detained in 1989 for 4 days without charge, while undertaking
to ascertain the situation of Somali refugees (see Section
2.d.) .
e. Denial of Fair Public Trial
Djibouti's legal system is a mixture of Djiboutian legislation
and executive decrees, French codified law adopted at
independence, Shari'a (Islamic religious law), and traditions
of the native nomadic peoples. Crimes in urban areas are
dealt with according to French-inspired law and judicial
practice in the regular courts. Civil actions may be brought
under either French-inspired law in the regular courts or in
the context of tribal customs in the traditional court.
Shari'a courts handle only family matters such as marriage,
divorce, child custody, and inheritance. Decisions of all
three courts may be appealed to an appeals court of the same
system. Appellate decisions of all three court systems may be
appealed to the country's Supreme Court.
The Tunisian national charged with the fatal 1987 terrorist
bombing of an outdoor cafe remained in prison awaiting trial
at the end of 1989.
A special State Security Court may hear in closed session
cases of espionage, treason, and acts threatening the public
order or the "interest of the Republic." This Court last
convened in 1986.
Proceedings in all courts except the State Security Court are
open to the public. The judiciary appears to be generally
sympathetic to the government position and susceptible to
government influence in cases of political interest.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There were no reported incidents of arbitrary interference
with privacy, family, home, or correspondence in 1989.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These freedoms are restricted. Those who express public views
that are critical of, or perceived as threatening to, the
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DJIBOUTI
Government face prosecution for common crimes or detention for
days or weeks without charge.
Djibouti's radio and television stations and one newspaper (a
French-language weekly) are all government owned and
operated. All media personnel are civil servants. The
Government's avowed policy is to coordinate the dissemination
of all information in the interest of national development.
The news media do report on social and national development
problems within Djibouti, but the Government itself, its
policies, and those of neighboring governments are free from
criticism. The media largely avoid reporting on domestic
politics and ethnic strife in Djibouti, Ethiopia, and Somalia.
The editor-in-chief of the newspaper was removed from office
in April 1989 (and later reassigned to another ministry) after
publication of articles unflattering to the Government of
France. In addition, a journalist was arrested, held for
3 weeks, and subsequently dismissed from his job in connection
with the distribution of antigovernment tracts in Tadjourah.
As a rule, the Government does not censor or forbid the
importation of books and newspapers, but in 1989 the
Government banned importation of the book "The Satanic Verses."
b. Freedom of Peaceful Assembly and Association
The Government effectively bans political protest by selective
enforcement of public assembly permit laws and by detention of
persons without charge. (Detainees in such cases are usually
released with no ill-treatment within a matter of days, though
often not within the legally mandated 48-hour period within
which charges must be filed.) In 1989 public demonstrations
in protest of the death of the Afar held in custody in
Tadjourah resulted in the arrests of about 25 persons, of whom
11 were sentenced to 6 months in prison for unauthorized
demonstration against the authority of the State.
Permits for political meetings are not issued outside party
auspices; it appears that permits for such purposes are sought
only rarely. Peaceful assembly and association for
nonpolitical purposes are routinely permitted.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
Djibouti respects freedom of religion for all faiths,
virtually the entire population is Sunni Muslim. The holy
days of Islam are legal holidays. The Government and all
private offices observe Islam's month of Ramadan with a
shortened workday. However, the Government imposes no
sanctions on those who choose to ignore Islamic teachings on
diet, alcohol consumption, religious fasting, etc.
The expatriate community supports Roman Catholic, French
Protestant, Greek Orthodox, and Ethiopian Orthodox churches.
Less than 1 percent of the population belong to these
Christian congregations. Foreign clergy and missionaries may
perform charitable works, but proselytization is a sensitive
issue and, while not illegal, is strongly discouraged.
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d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Djiboutians travel freely within Djibouti and may live and
work where they choose. In 1989 the police increased document
checkpoints aimed at controlling crime and especially the
influx of illegal aliens and refugees from neighboring
Ethiopia and Somalia. Djiboutians leave for, and return from,
international travel without restriction or interference.
Passports are available to all Djiboutians but are invalid for
travel to Israel and South Africa.
Djibouti cooperates with the United Nations High Commissioner
for Refugees (UNHCR) to assist and protect the approximately
1,500 registered Ethiopian refugees in Djibouti city. As a
matter of policy, however, the Government does not recognize
as refugees the approximately 30,000 Somali nationals who have
fled the Somali civil war.
Although the Government has an informal agreement with the
UNHCR that these refugees will not be forcibly repatriated if
they do not "cause trouble," the UNHCR in fact has limited
ability to extend protection to these individuals. The police
routinely conduct sweeps of people thought to be illegal
aliens, and some Somali refugees have been deported as a
result. Africa Watch's October 1989 report indicates that
many refugees may have perished during the forced repatriation
in June of 125 people into an isolated area of Somalia. One
refugee reported that they were pushed across the border into
Somalia without shoes, water, or food. To avoid the heat they
walked during the night. At least 4 of his group of 20
reportedly died of thirst during the trek.
Djibouti's treatment of Somali refugees came in for serious
criticism from international human rights organizations,
particularly over several instances of expulsion of Somali
refugees into northern Somalia. Amnesty International (AI) in
December 1988 and Africa Watch in December 1989 appealed to
the Government to ensure that no refugees would be forced to
return to their country of origin or coerced, ill-treated, or
arrested if they opposed repatriation.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Djiboutians have neither the right nor the ability peacefully
to change their government. The Issa-dominated People's
Assembly for Progress (RPP) jealously guards its position as
Djibouti's only political party, a status it has enjoyed since
the Afar-dominated Djiboutian People's Movement (MPD) was
outlawed in 1981. The party chooses the candidates for the
presidency and the 65-member National Assembly, a legislative
body with no real power. Presidential elections are held
every 7 years, and elections for the National Assembly every 5
years. Citizens are encouraged to vote, but their only choice
is whether to cast a ballot for or against the party's
candidates. The two different ballots must be cast in
different boxes, making it obvious who votes against the party.
Section 4 Government Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government has been responsive in recent years to
inquiries concerning human rights practices, but it has taken
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no action to resolve the problems addressed by AI's and Africa
Watch's appeals on treatment of refugees. There are no
private human rights organizations in Djibouti.
The Government speaks out about human rights practices in the
Israeli-administered territories and in the Republic of South
Africa but is silent about human rights violations in Djibouti
and in neighboring Ethiopia and Somalia.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The dominant status of the Issa in the party, the civil
service, and the military is maintained by de facto
discrimination based on tribe and language against the Afar,
and discrimination based on tribe against the Isaak and
Gadaboursi .
Women in Djibouti legally possess full civil rights but are
traditionally secondary to men in public life, and generally
live within the constraints of Shari'a law. Women are active
in small trade; and many women are employed in offices and
stores, mostly as clerks and secretaries. There are women,
though only a few, in the professions (the judiciary,
medicine, teaching) and in the military and the police.
According to medical personnel, violence against women —
including rape and wife beating — appears to occur relatively
infrequently in Djibouti. Moreover, most domestic and
community violence is considered a family or tribal matter, is
dealt with accordingly, and is rarely brought to the attention
of authorities. The police and courts are almost never
involved. As a result, it has not become a public or
government issue, but the party-affiliated Djiboutian National
Women's Union (DNWU) in November 1988 began a government-
supported campaign against female circumcision. Progress in
the campaign has been slow, however, particularly in the
northern districts, where nomadic traditions of genital
mutilation of young girls (e.g., clitoral excision and
inf ibulation) are widely practiced.
Section 6 Worker Rights
a. The Right of Association
Labor unions play a minimal role in Djibouti. Workers are
free to join or not to join unions as they choose. There are
30 individual labor unions in Djibouti, many of which
represent employees of only one private or state-owned
corporation. Only a small percentage of Djiboutian workers
are union members. The Government exerts control over
individual unions through Djibouti's sole government-organized
labor central, the General Union of Djiboutian Workers
(UGTD) . Key labor positions in the UGTD are held by persons
sympathetic to management.
Workers are free to strike, but in practice most labor action
is limited to short, wildcat protests.
The UGTD is affiliated with Africa's continent-wide official
trade union body, the Organization of African Trade Union
Unity. Unions are free to maintain relations and exchange
programs with unions and labor organizations in other
countries. A representative of the American Federation of
Labor and Congress of Industrial Organizations ' s
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DJIBOUTI
African-American Labor Center led a seminar in Djibouti on
union administration in February.
b. The Right to Organize and Bargain Collectively
The law recognizes labor's right to organize and bargain
collectively. In practice, formal collective bargaining
virtually does not exist; relations between workers and
employers are informal and paternalistic. On questions of
wages and health and safety conditions, the Ministry of Labor
encourages direct, ad hoc resolution by labor representatives
and employers. Either workers or employers may initiate a
formal administrative hearing at which the Labor Inspection
Service of the Ministry of Labor mediates. Wages are set by
employers in consultation with the Ministry of Labor to assure
adherence to mandatory minimum wage regulations.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Prohibited by law, there is neither forced nor compulsory
labor in Djibouti.
d. Minimum Age for Employment of Children
The legal minimum age of 14 years for employment is respected
in practice. Children may and do work in family-owned
businesses such as restaurants and small shops, including at
night. Children are not employed under hazardous conditions.
e. Acceptable Conditions of Work
Minimum wage rates are specified by government regulations and
by categories of workers and are enforced by the Ministry of
Labor. Increased last in 1976, minimum wages begin at less
than $80 a month for unskilled laborers and reach nearly
$1,400 a month for "directors" and medical doctors. The
minimum wage in most cases does not provide a decent living
for a worker and his family. However, many workers also
receive housing or housing allowances and transportation and
food allowances. Mandatory seniority bonuses range from 4
percent of the worker's basic salary after 2 years of service
to a maximum 52 percent after 26 years of service.
The legislated maximum workweek is 40 hours, often spread over
a 6-day workweek. Overtime pay regulations apply to
additional work. Workers are guaranteed daily and weekly rest
periods and paid annual vacations. The Ministry of Labor
enforces occupational health and safety, work hours, and wages
regulations through inspection, dispute mediation, and
administrative judgment by the labor inspection service.
These regulations are vigorously enforced.
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EQUATORIAL GUINEA
The present leadership of Equatorial Guinea took power in
1979, establishing a military Government after overthrowing
the tyrannical dictatorship of Francisco Macias Nguema, which
had caused the murder or exile of one-third of the country's
population. In 1982 the national Constitution was adopted,
national and local assemblies were chosen, and the Government
was officially declared to be civilian. The Government has
been headed since the coup by President Obiang Nguema Mbasogo,
who was reelected (as the sole candidate) in August 1989 for a
7-year term. Obiang established in 1986 the country's sole
legal political party, the Democratic Party of Equatorial
Guinea (DPEG) . The party, made up mostly of Fang tribe
members from Rio Muni, the continental province of the
country, controls the Government without viable opposition.
Police and internal security forces are responsible for the
preservation of public order. They are augmented by the 300-
to 500-man presidential guard unit provided by Morocco. The
majority of human rights abuses has historically been caused
by the civilian police and internal security forces.
Equatorial Guinea is one of the poorest nations in the world.
Most of the population (an estimated 350,000, a figure
rejected by the Government of Equatorial Guinea as too low)
live by subsistence agriculture, fishing, and hunting, with
per capita annual income approximately $300. The small wage
economy, based on cocoa, lumber, and coffee, was devastated by
the death or exodus of thousands of trained and educated
citizens during the Macias years. Recent years have seen the
emergence of a very small middle class. The country's recent
inclusion in the West Africa franc currency zone has helped
create greater fiscal integrity and an improved investment
climate. Foreign aid is crucial to development, and
Equatorial Guinea receives substantial assistance, with Spain,
the previous colonial power, and France as the key donors. In
1989 France, Spain, and the Soviet Union announced that they
would forgive portions of the country's debts.
Despite modest progress in the economic sphere and in human
rights, political rights of all kinds, including speech and
assembly, continued to be tightly restricted in Equatorial
Guinea in 1989. Police brutality remained a significant
problem, although reports of harsh treatment of illegal
foreign workers declined. On occasion the President
intervened personally to resolve cases involving human rights,
most recently in October when senior police officers were
convicted of using excessive force against detainees,
including a World Bank contractor. The Government sought
advice and technical assistance from Western countries on
improving the prisons.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
No such killings were reported in 1989.
b. Disappearance
There were no known disappearances in 1989.
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EQUATORIAL GUINEA
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
In its public statements, the Government appeared to make a
serious commitment to reduce the use of torture and other
cruel treatment in 1989. However, harsh and abusive police
interrogation and punishment methods continued in 1989,
notably in two well-documented cases of abuse. In February
several Equatoguineans who had broken into an expatriate's
home were arrested and tortured by police for several days.
When they gave the police the names of their accomplices, the
latter were subsequently tortured also. The methods of
physical torture used against these men included beatings,
electric shock, and binding of limbs.
In a second case in September, a British subject on contract
with the World Bank accompanied several Equatoguinean friends
to the police station when the latter were taken in for
disorderly conduct. When he protested to the police about the
four female companions being tied up and bludgeoned on the
feet, the police commissioner had him tied up and severely
beaten in the same manner. When the international community
registered strong complaints, the Presidency apologized for
the incident. In mid-October, after a public trial, the
police officers responsible were convicted and sentenced to
several months in prison to be followed by assignment to lower
ranking positions. However, at the end of the year, one of
the officers was not in prison but rather under house arrest.
It was unclear whether the sentence had been carried out
against the other officer.
In contrast to the past, there were few reports in 1989 of
arbitrary police beatings of illegal Nigerian, Cameroonian, or
Ghanaian workers.
Prison conditions continue to be extremely harsh, with basic
amenities unavailable. In 1989 the Government expressed an
interest in improving jail conditions and in arranging
training for police personnel, and expressed willingness to
invite international organizations to inspect prison
conditions .
d. Arbitrary Arrest, Detention, or Exile
Despite constitutional provisions, there was little
enforcement of the rights of a person in detention to be
charged or released within a certain period of time, to have
access to a lawyer, or to be released on bail. Arbitrary
arrests by security forces or police have been commonplace,
often on spurious charges in order to extort money. Many
detainees are held incommunicado.
The number of political detainees held at the end of 1989 was
not known.
In 1989 there were no known cases of persons being exiled for
political reasons. There are a number of political exiles in
Spain. In 1988 Jose Luis Jones Dougan, the leader of an
opposition party in exile, returned and was arrested 2 months
later. He was subsequently sentenced to a long prison term
but apparently in December 1988 was released and permitted to
return to Spain. According to Amnesty International's 1989
Report, Dougan's efforts to gain recognition for his political
party were apparently considered to constitute a form of
treason. Another returned exile, Jose Primo Esono Mica, was
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EQUATORIAL GUINEA
arrested and convicted with Dougan in 1988. Esono Mica's
30-year sentence was subsequently reduced to 15 years.
e. Denial of Fair Public Trial
There is a formal court structure, with the Supreme Court at
the apex, and also military and customary (tribal) court
systems. Tribal laws and customs are honored in the formal
court system when not in conflict with national law. The
tribunal provided for in the Constitution to decide
constitutional issues has never been established. Under the
Constitution, military tribunals hear all capital cases
(civilian and military). The death penalty has not been
carried out for several years. There is no separation between
the executive and the judiciary, and Supreme Court justices
serve at the pleasure of the President.
There was no progress in 1989 in efforts to reform the legal
system. The nation's mixture of traditional (tribal) law,
military law, and Spanish rules and procedures combine to
produce an inconsistent system of justice. There is no
concept of due process, and appellate proceedings are
nonexistent; the executive branch acts with little respect or
understanding for judicial independence. Laws are frequently
enacted by decree without any public announcement, excepting
an occasional brief mention on government radio. Defendants
who are unable to afford legal counsel stand little chance of
acquittal. The fact that few lawyers (approximately 20) in
the country depend on their connections to the Government
raises questions about the impartiality of the defense their
clients might receive. Unless represented by counsel, those
arrested in Equatorial Guinea usually have no way of knowing
if the offense they have been charged with is bona fide.
The Government in 1989 continued to maintain that it holds no
political prisoners. However, several persons, including
Esono Mica, remained in prison at the end of 1989.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There were fewer reports in 1989 of arbitrary interference
with privacy, including pressures by authorities to join the
sole political party and to participate in "spontaneous"
government-sanctioned celebrations. Persons deemed suspicious
are sometimes placed under surveillance, and there is a
general belief that telephone conversations are monitored
routinely, although correspondence remained sacrosanct.
Search warrants are not normally used, even though they are
required by the Constitution.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Open public criticism of the Government is not tolerated. In
the past, the press has consisted of sporadic government
bulletins. In late 1989, the first regular printing of a
newspaper was started, initiated by the Spanish Government.
While criticism of the Government did not appear in the paper,
it highlighted the need for a more open forum, one less
focused on government statements.
Both the television and radio stations are government
entities, whose broadcasting is almost solely government
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EQUATORIAL GUINEA
propaganda. Nevertheless, entertainment programming,
including relatively recent movies and American television
shows dubbed in Spanish, appeared in 1989. There was
discussion early in the year of the Government establishing a
film censorship board to reduce the number of violent movies
from the West being shown. Radio propaganda was somewhat
reduced in 1989 to accommodate African and American pop
music. The Government strictly controls the publication,
importation, and distribution of articles critical of the
Government .
b. Freedom of Peaceful Assembly and Association
Despite constitutional provisions guaranteeing these freedoms,
the Government's firm position is that opposition political
organizations and assemblies will not be tolerated. Private
nonpolitical groups, such as professional organizations,
churches, and sports groups require government approval.
c. Freedom of Religion
With one exception, freedom of religion was generally
respected. Jehovah's Witnesses, originally banned from the
country in 1985, and harassed in 1986 and 1987, are still
prohibited. Foreign clergy and missionaries continue to play
an active role in educational development, and all
denominations are allowed to participate in charitable as well
as religious activities. Christianity, mainly Catholicism, is
the predominant religion. In general, active proselytizing by
Protestant denominations is discouraged, but conversions are
permitted.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There were no explicit restrictions on travel within the
country. There are restrictions on travel abroad, including
lengthy delays in obtaining passports. Many Equatoguineans
leave the country without formal documentation for both
economic and political reasons. A large number reside in
Spain, France, Cameroon, and Gabon, While third-country
African workers sometimes must resort to bribery to obtain
legal registration, even the formerly enslaved Nigerians
enjoyed virtual freedom to work and travel in 1989. With
regard to repatriation. President Obiang in 1989 told the
Equatoguinean expatriate community, many of whom had voiced
fear of repression, that they were welcome to return to the
country without any restrictions. Few returned in 1989 since
they enjoy a higher standard of living abroad than they would
in Equatorial Guinea. Also, the treatment of several
political exiles in 1988 underscored the Government's
determination to prevent any political role for persons with
views in opposition to the Government's (see Section l.d.).
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The people of Equatorial Guinea do not have the right to
change their government by democratic means. President Obiang
was reelected President in 1989 as the sole legal candidate.
Cristino Seriche Bioko, a Bubi , has held the office of Prime
Minister since 1982. Following the recent presidential
elections, Seriche was given the responsibility for
coordinating the administration of about half the government
ministries. Only members of the DPEG may hold public office.
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KOUATORIAL GUINEA
and the party controls the selection of all candidates. It is
uncertain whether all adults must pay party dues; in 1989 it
appeared that only government employees and employees of large
business establishments, i.e., those in the wage economy, must
do so .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
In 1989 the Government showed greater willingness to interact
with international human rights organizations. The Government
publicly expressed the need to end human rights abuses. As
far as is known, the Government, after permitting an Amnesty
International (AI) mission to visit in 1988, did not respond
to AI's memorandum of November 1988 concerning unfair military
trials .
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Although the law calls for equal treatment for all, tribal
groups are not always granted the same rights and privileges.
The Fang clans, of which President Obiang is a member,
dominate all aspects of government, the military, and social
life. Discrimination against the Bubi, Fernandino, and
Playero clans is consistent, whether in the granting of
political office or the approval of academic scholarships.
Women are confined largely to traditional roles, especially in
agriculture. A large majority of the population is
polygynous, and this has also contributed to the secondary
status in society given to women. Educational opportunities
are extremely limited for women. According to doctors in
hospitals, violence against women is not widespread, and abuse
of children is equally rare. The Government has not addressed
violence as an issue; it looks to the Ministry for the
Promotion of Women to advance the interests of women in
Equatoguinean society. According to the medical community,
female circumcision is not practiced in Equatorial Guinea.
Section 6 Worker Rights
a. The Right of Association
Equatoguineans do not have the right of free association. In
the small wage economy, no labor organizations exist, although
there are a few cooperatives with limited power. Strikes are
prohibited by law. Equatorial Guinea has been a member of the
International Labor Organization since 1981 but has ratified
neither Convention 87 on Freedom of Association nor Convention
98 on the Right to Organize and Collective Bargaining.
b. The Right to Organize and Bargain Collectively
Equatorial Guinea has no legislation regarding these rights,
and there is no evidence of collective bargaining by any
group. There are no export processing or free trade zones.
c. Prohibition of Forced or Compulsory Labor
Forced labor and slavery are prohibited by law. During 1989
no cases of forced or compulsory labor were reported. While
work roundups used to be routinely organized against third-
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EQUATORIAL GUINEA
country Africans, forced labor of this type was restricted in
1989.
d. Minimum Age for Employment of Children
The legal minimum age for employment is 16, but there is no
enforcement of this law. As in most of Africa, children at a
much earlier age assist families with traditional agricultural
production and sales.
e. Acceptable Conditions of Work
There is only a small industrial sector in the country. Most
salaried employment is provided by the Government,
construction companies, businesses providing retail goods and
services, and the plantation agricultural sector. In 1989
Equatorial Guinea had a statutory minimum wage of
approximately $35 per month, which was not adequate to provide
a decent living for a worker and family. The average monthly
wage was about $70 for the small percentage of the population
that had regular salaried employment, most of whom were
required to supplement this income with other income or
farming in order to provide a decent living for themselves and
their families. By law, working conditions included a maximum
48 hours workweek with a full day of rest each week plus
regularly scheduled national holidays. Occupational health
and safety standards do not exist. There was no effective
monitoring of work hours or labor conditions outside the
Government .
no
ETHIOPIA
The People's Democratic Republic of Ethiopia is a
self-proclaimed Marxist state headed by President Mengistu
Hai le-Mariam, who came to power in 1977 following political
infighting for leadership of the 1974 revolution which
unseated Emperor Haile Selassie. A new Constitution in 1987
created new organs of government: a Council of State, a
Council of Ministers, and a Parliament (the Shengo) . The most
powerful institution in the country, however, is the
Marxist-Leninist Workers' Party of Ethiopia (WPE) . Despite
the trappings of representative government, power remains in
the hands of President Mengistu, who is Chief of State,
General Secretary of the WPE, and Commander-in-Chief of the
Armed Forces. Ethiopia is in a state of civil war, with the
regime seriously challenged by armed, active insurgencies
which during 1989 moved beyond regional borders.
Ethiopia's armed forces are the largest in sub-Saharan Africa,
numbering between 250,000 and 275,000. Cuban troops withdrew
in September after a 12-year presence. An extensive security
apparatus under the Ministry of Internal Affairs attempts to
control the population through a combination of surveillance
and informers. The Government justifies these security
measures and the size of its defense expenditures (estimated
at 60 percent of the government budget) on the basis of
external threats and internal insurrections. Military
setbacks in 1988 and 1989 compelled the Government to seek
diplomatic rapprochement with its neighbors and to try to
negotiate settlements with some internal opponents, most
notably with the Eritrean People's Liberation Front (EPLF) ,
through the good offices of former U.S. President Carter, and
with the Tigray People's Liberation Front (TPLF) , under
Italian auspices.
The Ethiopian economy is based on agriculture, which
contributes 45 percent to the gross national product and more
than 80 percent of exports and employs 85 percent of the
population. Although the Government promotes the formation of
collectives and cooperatives, peasant farms still account for
about 93 percent of crop production, state farms for about 6
percent, and producers' cooperatives 1 percent. The major
agricultural export crop is coffee, providing 65 to 75 percent
of foreign exchange earnings. In 1988 the controversial
forced "resettlement" program of moving people vast distances
to unpopulated areas was suspended for lack of funds, but the
mandatory "villagization" program to move families into
villages in the same area continued in 1989, with no reports
of accompanying violence. Periodic drought and famine, the
Government's war effort, and Socialist economic policies have
made Ethiopia the world's poorest country, according to the
World Bank.
In 1989 the overall human rights situation in Ethiopia
remained generally deplorable. Major concerns included:
widespread abuses such as summary executions by all parties to
Ethiopia's civil strife; the use of torture as an accepted
practice in interrogation; arbitrary, incommunicado
detentions; the lack of fair public trials; serious
restrictions on freedom of speech and press, assembly and
association, and the right of citizens to change their
government; and limitations on women's and worker rights. In
May there was a coup attempt by the military leaders in which
atrocities were committed on both sides. However, in
September the Government announced the release of remaining
Ill
ETHIOPIA
members of the royal family and 84 other political prisoners.
The Government has shown new tolerance of religious
organizations and activities, including unacknowledged
emigration of Ethiopian Jews as part of improved relations
with Israel. While emigration remains restricted, the
Government issued passports in unprecedented numbers. It
allowed relief groups relative freedom in pursuing
humanitarian concerns. i
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
The May coup attempt resulted directly from military
disenchantment with the regime and followed the loss of the
Tigray region to insurgents in February. The attempted coup
resulted in the executions of an unknown number of
generals — one estimate stated 38 senior officers were
executed — and other senior military officials and in the
imprisonment of nearly 200 others. Atrocities occurred on
both sides, with coup plotters murdering the Minister of
Defense, and loyalists killing rebellious generals. In
December the trial of the 14 most senior officers arrested in
the aftermath of the coup attempt began.
As a consequence of military setbacks in Tigray, the
Government resorted to the forced conscription of youths in
their early teens in April and May, which fed public
discontent at the time of the coup. After new military
reverses in the autumn, the Government launched a particularly
brutal conscription campaign in November. Some youths who
resisted conscription were shot. Reports also surfaced in
1989 that guards used lethal force against children
demonstrating at a government-run orphanage in November 1988,
resulting in four deaths. The guards responsible for the
deaths were arrested and charged. The results of this case
remain unknown.
Security forces used excessive force following the coup
attempt to quash student demonstrations, reportedly killing
two students (see Section 2.b.).
b. Disappearance
There were no reports during 1989 of politically motivated
disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The 1987 Constitution notably omits a passage from the 1955
constitution prohibiting cruel and inhuman punishment.
Torture has been used against members of most opposition
groups, including the EPLF, the TPLF, and the Oromo Liberation
Front (OLF) .
Political prisoners are initially taken to central
investigation centers operated by the Ministry of Internal
Affairs, such as the central prison and the notorious "Third
Police Station" in Addis Ababa or the Mariam Gimki Center in
Asmara. Interrogation is often combined with physical abuse,
especially for those suspected of affiliation with an
opposition or insurgent group. Common methods of torture
include beating on the soles of the feet, suspension from a
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ETHIOPIA
rope in a contorted position, death threats, mock executions,
sleep deprivation, and submergence to the point of
unconsciousness in tanks of water.
Following the May coup attempt, Addis Ababa's political
detention centers were reportedly the sites of torture, as was
the basement of the Menelik (or Grand) Palace. Ethiopian
television showed film footage of the mutilated body of one of
the coup plotters. Additionally, both sides desecrated the
corpses of generals involved in the attempt. Coup
sympathizers reportedly ezhumed the body of the murdered
Minister of Defense, dismembered it, and left the remains in a
ditch. On the other side, loyalists in northern Ethiopia
beheaded the corpse of General Demissie Bulto (a coup
sympathizer and former commander of the Second Army) and
paraded the head through the streets of Asmara.
d. Arbitrary Arrest, Detention, or Exile
The 1987 Constitution provides for arraignment in court within
48 hours, arrest warrants, a fair trial, protection against
self-incrimination, and the right to counsel; however,
Ethiopians suspected of antigovernment actions or sentiments
continue to be subject to arrest or detention by the police
without charge or judicial review. In politically sensitive
arrests, the Government generally prefers to operate in
secret, taking the suspect from home at night.
Reports of arrests and detentions following the May coup
attempt attest to the fact that these practices continued in
1989. Additionally, family members of some alleged coup
participants were arrested in broad daylight in a surprise
move by authorities reacting to public rumors that arrests
would only happen at night. Treatment of officers arrested in
the coup attempt reportedly improved substantially by the end
of 1989.
On September 2, the Government released 87 prominent political
prisoners, some of whom had "disappeared" in previous years.
These prisoners were part of a larger amnesty on the eve of
the Ethiopian New Year. In addition to the release of three
grandsons of former Emperor Haile Selassie, the release
included former Ambassador to Canada and Permanent U.N.
Representative Berhanu Dinka, who "disappeared" in 1986, and
long-missing members of political movements who fell out of
favor with the Government during the turbulent late 1970's.
In the wake of the amnesty, Ethiopia's remaining political
detainees are estimated at between 400 and 500. At least 17
members of the EPLF, TPLF, OLF, and other groups are held in
two prisons in the Addis Ababa area. As in the past, sketchy
information, especially as regards the situation in northern
Ethiopia, pre\/ents accurate estimates of the total number of
opposition group members remaining in prison.
A state of emergency declared in 1988 remains in effect in
Eritrea and Tigray. Under it, security forces are empowered
to stop, detain, and hold indefinitely without court or
prosecutor's warrant, any person who has violated or is
suspected of having violated the special emergency decree or
who in any manner disturbs law and order within the emergency
areas .
An unspecified number of refugees from the Somali camps at
Aware in eastern Ethiopia were arrested for selling food
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ETHIOPIA
ration coupons. At year's end, they were being held without
trial by local Ethiopian authorities.
In Eritrea, 60 EPLF members took advantage of a government
amnesty offer and surrendered for reeducation and
reintegration into society. Voluntary repatriation, however,
has not greatly reduced the number of Ethiopians who remain in
exile, unable to return to Ethiopia for fear of persecution.
As many as 1 million Ethiopians are believed to have taken up
refuge in neighboring countries.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
Ethiopia's judicial system remains bifurcated in practice if
not in theory. While nonpolitical civil and criminal
offenders are usually granted fair public trial, military and
political cases are subject to official manipulation and
executive meddling. The definition of what constitutes a
"political" case is sometimes farfetched and usually relates
to the Government's preoccupation with internal security.
The Supreme Court is at the apex of the judicial system.
Other judicial bodies include a newly announced Supreme Court
Council, a Worker's Control Committee, and military courts in
contested areas. Kebeles (urban neighborhood organizations
controlled by the WPE) have since the 1974 revolution been the
primary local units of judicial decisionmaking and law
enforcement. Their work has been marked by arbitrariness and
a failure to follow procedures that would ensure the right to
a fair trial supposedly guaranteed by the 1987 Constitution.
When the Ministry of Internal Affairs allows political trials
to take place, they are almost always held in secret, with
only the verdict (if even that) publicly announced. Even
prisoners cleared of charges or whose terms have been
completed may not be promptly released from prison. Some of
the most senior officers detained after the coup attempt were
arraigned in December before a military tribunal in public
session attended by local and foreign journalists. While this
does not by itself guarantee a fair trial, it is at least less
arbitrary than prior practices.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The 1987 Constitution provides for the "inviolability of the
house" and protects against unlawful entry into private
homes. In practice, warrants are not used for searches of
offices or private homes. In Eritrea and other war-torn areas
the state of emergency affords the armed forces great latitude
in searching or even confiscating suspected premises.
In the aftermath of the attempted coup in May, some families
of suspected coup plotters were subjected to searches of their
homes and seizure of their property, even though the targeted
suspect may have already been in custody.
Surveillance of persons, both visual and electronic, is not
subject to legal restraints. All mail is subject to
government monitoring. Ethiopian citizens can be called in at
any time for questioning by authorities and for mandatory
kebele meetings, political rallies, or marches. Refusal to
appear for any of the events may result in imprisonment
without hearing.
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ETHIOPIA
Local kebele association officials monitor urban Ethiopians,
whereas peasant association leaders perform the same function
in the countryside. These officials monitor visitors, items
brought in and out of houses, any meetings, and adherence to
local curfews. The scope of such surveillance and petty
interference in the private lives of Ethiopian citizens
depends heavily on the makeup of the kebele and its leadership.
There are some indications that kebele control has diminished
somewhat over the last year as a result of the general decline
in the authority of the Government among many Ethiopians. The
Government has also taken some steps to remove unpopular
measures by: reducing pressure to join the WPE; no longer
requiring party uniforms to be worn in government offices; and
lifting the ban on Sunday driving.
g. Use of Excessive Force and Violations of Humanitarian
Law in Internal Conflicts
The major events influencing human rights in Ethiopia during
1989 were fighting in the northern parts of the country during
the spring and fall, and the coup attempt against President
Mengistu in May. Ethiopia's civil war, now in its 28th year,
continues to dominate the decisions of a government pursuing
its self-preservation at all costs. Both the Government and
the various insurgent movements have practiced forced
conscription, imprisonment without recourse, violence against
civilian populations, torture, and extrajudicial killing.
These abuses have taken place during a civil war and under a
declared state of emergency in the northern part of the
country.
Major insurgent groups include the EPLF, active in Eritrea;
the TPLF, active in Gonder, Shewa, Tigray, and Welo; the OLF,
active in southeastern and western Ethiopia; the Ethiopian
People's Revolutionary Party (EPRP) , active in areas of Gonder
and Meketel; and a new umbrella group calling itself the
Ethiopian People's Revolutionary Democratic Front (EPRDF) ,
comprising the TPLF and its ally, the Ethiopian People's
Democratic Movement (EPDM) . There are another half-dozen
minor insurgent groups.
Insurgent forces made major advances in 1989 with the capture
of Tigray and lightning thrusts south within 70 miles of Addis
Ababa. According to press reports, the rebels claimed to have
killed, wounded, or captured an estimated 30,000 to 40,000
government soldiers and seized millions of dollars worth of
military equipment during an autumn campaign. Also, in
September the Air Force recommenced the terror bombing of
Tigrayan towns on crowded market days. When government forces
bombed Mekele, the capital of Tigray, school children were
among the casualties.
The poor showing of government forces in 1989 could be traced
to poor morale, use of forced conscription, and to the loss of
over 200 military officers in the May coup attempt.
Eyewitnesses reported that government security forces killed
and wounded teenagers resisting conscription. Ethiopian
authorities also reportedly tried to impress a number of
Somali Isaak refugees from refugee camps close to the Somali
border; however, the refugees were released after they had
been positively identified as Somalis by camp personnel.
Recent Ethiopian returnees from Somalia were explicitly
exempted from conscription by the Government.
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ETHIOPIA
During 1989 there were credible reports that all major parties
to Ethiopia's civil war engaged in abduction, imprisonment
without trial, torture, and summary execution of internal and
external opponents. Factional disputes within and between
insurgent groups were particularly violent, and included
assassination of leaders. There are credible reports that the
TPLF has forcibly conscripted teenagers and others as porters
and support workers. In some areas the EPLF, the TPLF, and
the OLF abducted local officials. There are numerous, albeit
unconfirmed, accounts from TPLF-controlled areas of closed
churches, destroyed clinics and schools, and destruction of
basic infrastructure by the insurgents.
Little information is available on the treatment of prisoners
of war (POW's). One insurgent group, the TPLF, as a matter of
practice releases ordinary soldiers upon capture, after
disarming them and confiscating their footwear. The rationale
for this action by the TPLF appears both humane (as a
guerrilla group they cannot care for large numbers of POW's)
and tactical, since it encourages some GPDRE units to
surrender. On December 31, the EPLF announced plans to
release 10,000 POW's under its control.
Both the Government and the insurgents have seized upon the
desperate need for food relief in 1989/90 as a political
issue. Deliberately or not, the Government has underestimated
the need for food relief in some insurgent-controlled areas.
The EPLF and TPLF initially insisted on complete control over
food distribution in areas held by them. By the end of 1989,
however, there appeared to be some flexibility on all sides.
Relief organizations and volunteer groups were allowed
relative freedom in pursuing their humanitarian activities in
all areas controlled by the Government. The International
Committee of the Red Cross (ICRC), however, has been denied
access to Eritrea following a dispute with the Government.
The TPLF and EPLF have allowed these relief groups only
limited access into areas under their control. There were no
reported attacks on relief workers during 1989 by either
government or rebel forces, although Ethiopian staff members
were killed in riots at refugee camps in southwestern Ethiopia.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
There is no freedom of speech or press in Ethiopia. The
Government closely monitors the pronouncements of public
officials, academicians, and clergy. Some instructors and
professors in secondary schools and at the university have
resisted the politicization of education. Academic freedom,
although seriously circumscribed, still finds limited
expression at the university.
The Government owns and operates all information media and
exercises censorship through editorial boards and the Ministry
of Information. Expression of unauthorized political opinions
or of views at variance with the official government line can
result in imprisonment. Political, economic, and social
policies are formulated at the top levels of the government-
controlled media and government-organized citizen groups.
Books and magazines are confiscated if deemed to contain
sentiments opposed to the regime. Foreign magazines and
newspapers are not readily available since foreign exchange is
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ETHIOPIA
not granted to purchase them. Foreign radio broadcasts and
those of opposition groups are widely listened to by
Ethiopians .
During the search for the late U.S. Representative Mickey
Leland and his party, the local press gave relatively open,
accurate, and extensive coverage of the operation, and the
Government allowed the foreign press corps freely to enter the
country and to file reports without interference.
b. Freedom of Peaceful Assembly and Association
Notwithstanding constitutional provisions, assembly of any
sort not previously approved by the Government is forbidden.
In contrast, attendance at government-sponsored rallies,
meetings, and parades is frequently mandatory and enforced by
a wide range of sanctions. However, whereas frequent or close
association with foreigners in the past may have resulted in
government harassment and occasional detention, this is
generally no longer the case. Trade and professional
associations, such as the Rotary and Lions Clubs, are allowed
to operate, although their membership and activities are
monitored by the Government.
In late May, students at Addis Ababa University attempted
several demonstrations against the Government in the wake of
the attempted coup. However, internal security forces,
including special commandos, used excessive force to beat back
the students before actual demonstrations began, reportedly
killing 2 students and arresting at least 100. Similar
incidents occurred at the local commercial and technical
schools. Additional reports indicate the police broke up a
student demonstration in Addis Ababa's Revolution Square by
firing warning shots into the air. No one was killed,
injured, or arrested on that occasion.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
Ethiopian nationalism and traditional values, including
religion, are an integral part of the national culture.
Government policy no longer ignores or tries to suppress
religion. In fact, religion is now being factored into
aspects of national planning. This planning, though, extends
to the selection of religious leaders sympathetic to party
policy. The Government nationalized most church property
(thought to include as much as 30 percent of all land holdings
in Ethiopia at the time) when it took power in 1974, and the
Ethiopian Orthodox Church reportedly is dependent on annual
government compensation payments to cover clerical salaries.
The Government's new attitude toward religion has resulted in
increased respect for freedom of worship and proselytism for
the Ethiopian Orthodox Church and Islam as provided in the
1987 Constitution. The Government continues to monitor
religious practice and any teaching which might be contrary to
its political views.
Party members are officially prohibited from worshiping, but
this ban is not enforced. According to press reports, kebele
officials often discourage church attendance, generally by
scheduling mandatory meetings on Sunday mornings. The
Government expunges reference to any deity from official
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ETHIOPIA
Statements and publications, television programs, and films,
although government-controlled media still give routine
coverage to church affairs and religious festivals. Ethiopian
Orthodox church and Islamic holidays are recognized by the
Government, and officials of both religions are allowed to
exercise jurisdiction over civil matters such as marriage.
Foreign Protestant evangelical organizations have experienced
a general trend of greater tolerance from central and local
government officials over the last 3 years. Local government
officials allowed a number of churches that had been closed to
reopen. The September 2 amnesty included the release of the
leaders of the Ethiopian Evangelical Mekane Yesus Church, some
of whom were arrested over 5 years ago. The Government issues
permits to foreign missionaries to enter and work in Ethiopia
in limited numbers, although ostensibly as development
specialists, not as missionaries. The Jehovah's Witnesses,
however, remain banned.
Ethiopia's small Jewish population, known as Beta Israel or
"Falasha" (a word meaning immigrant or outsider), lives in
Gonder and Tigray, areas often associated with recurring
insurgent activity. There have been no reports this year of
atrocities or discrimination toward Ethiopian Jewry at the
hands of Ethiopian authorities. Incidents of murder and
thievery reported in late 1988 were attributed to long-running
social conflicts in which land disputes and criminal activity
are seen as motivating factors; those Ethiopian Jews who were
victims were not attacked primarily because of their religious
beliefs. The Government permits f oreign-sourced development
assistance directed at Jewish areas, including assistance used
for the construction of synagogues. The burning of a
synagogue near Gonder city in November resulted from a fight
between two Jewish communities over the location of a new
synagogue.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement within Ethiopia increased markedly during
1989. While insurgent-held areas in Tigray remain
inaccessible to both Ethiopians and foreigners, the Government
allowed resumption of travel by citizens between Addis Ababa
and Asmara, the capital of Eritrea. The Government's
controversial internal resettlement program remained suspended
for lack of funding. Reports indicate that some of those
previously resettled have been trickling back to their
original home areas.
The Government's mandatory villagization campaign, which
collects scattered rural farmers into newly created villages,
continued in 1989. It is sanctioned under the 1987
Constitution, which states that "the state shall encourage the
scattered rural population to aggregate in order to change
their backward living conditions and to enable them to lead a
better life." The Government has announced plans that call
for 50 percent of the rural population to be moved into
villages by 1993. Unlike in prior years, there were no
reports during 1989 of violence associated with villagization.
Travel abroad by Ethiopians was much freer in 1989 than in
prior years, as the Government began issuing passports in
unprecedented numbers. However, the processing of passport
applications remains long and laborious. Exit visas must be
used within 15 days of issue, and renewal can be difficult.
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ETHIOPIA
Foreigners wishing to travel within Ethiopia must still obtain
travel permits, and access to areas of conflict remains
restricted. For diplomats, however, the process of obtaining
permits to travel to areas not in conflict has become largely
a formality. During 1989, only one permit request was denied
to U.S. Embassy personnel.
Emigration remains highly restricted, though marriage to or
adoption by foreign nationals is allowed. The Ethiopian
Government responded sharply to the U.S. Government's 1989
immigrant visa lottery. Ethiopian postal authorities
reportedly destroyed 100,000 applications mailed by those
wanting to participate in the program. People coming to the
Embassy for applications were beaten back by police at the
Embassy's gates.
Illegal emigration remains punishable by imprisonment or, in
exceptional cases, by death. Nonetheless, considerable
illegal emigration occurs either under the subterfuge of
travel abroad for business or to visit relatives, or by
overland treks and surreptitious crossing of borders.
The Government recognizes the right of voluntary repatriation,
and its proclamation of amnesty for Ethiopians living abroad
(numbering more than 1 million) remains in effect. Most of
these are in neighboring countries, mainly in refugee camps.
The United Nations High Commissioner for Refugees (UNHCR)
repatriation programs have successfully repatriated
approximately 10,000 Ethiopians from Djibouti, Somalia, and
Sudan since 1986. As of 1989, these official and spontaneous
returnees came under the purview of a new tripartite
commission composed of the Ethiopian and Somali Governments
and the UNHCR.
There are no reports that returnees were mistreated or
discriminated against upon their return. Ethiopian refugees
in northern Somalia also may have returned to Ethiopia in an
effort to flee civil strife in that country.
Instability in neighboring countries has stimulated a
large-scale refugee movement into Ethiopia, with almost
800,000 entering the country--over 450,000 from Sudan and
350,000 from Somalia. Limited access to refugee camps by the
international community has made it possible to monitor the
level of relief and protection provided, although the
Government has denied UNHCR permission to stay in the camps
overnight .
There have been no reports that the Government has
systematically denied aid to refugees in Ethiopia. Also,
there were no reports of forcible repatriation. Violence at
Somali refugee camps during July and early August was mostly
among refugees themselves, although an Ethiopian guard was
killed. Ethiopian staff members were killed during uprisings
at Sudanese refugee camps at Fugnido and Itang during late
September, which resulted from tribal tension between local
Anuak people and Dinka and Nuer refugees.
Section 3 Respect for Political Rights: The Right of Citizens
to Change their Government
Citizens of Ethiopia are not free to change their government.
The 1987 Constitution institutionalizes all power in the WPE,
the President, his advisers, and the 23-member Council of
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ETHIOPIA
State. Political and economic policies are still dictated to
the populace with little opportunity for public debate.
The WPE and its mass organizations purport to offer Ethiopian
citizens a means of participation in government, but their
real role is to ensure adherence to Marxist-Leninist
principles. Official pressure on higher-level government
officials to join the WPE has slacked off in recent years.
Many members of the bureaucracy have declined party membership
without an adverse effect on their careers. Kebeles, the
primary party/government control mechanisms at the local
level, control housing allocation, basic food rationing,
political indoctrination, and implementation of other
government policies, such as registration and selection of
youths for national military service.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government resists attempts by international and
nongovernmental organizations to investigate human rights
cases. It did not respond to Amnesty International's call in
1988 for an impartial investigation into reports of
extrajudicial killings and lengthy and arbitrary detentions,
particularly in Eritrea and Tigray. Ethiopian authorities did
respond positively in 1989 to an international human rights
organization's request for a list of the 87 political
prisoners covered by the September 2 amnesty. There is no
governmental or private body to investigate alleged human
rights violations. Ethiopia is not a signatory to any of the
United Nations human rights documents or the African Charter
of Human and Peoples' Rights.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution provides for the equality of all Ethiopians
irrespective of nationality, sex, religion, occupation, social
or other status. The highest government echelons are no
longer dominated by the Amhara ethnic group but include many
Oromos and a few Eritreans and Tigrayans. However, almost all
senior government and political figures are of Christian
origin, although the population is approximately 50 percent
Muslim.
American visitors to areas inhabited by Ethiopian Jews report
the existence of some economic discrimination. The general
poverty of the Jews has been aggravated by the Government's
villagization campaign, which is true of other farmers forced
to relocate from their traditional farming areas.
The rights of women are protected and women are promised
additional government support by the Constitution. However,
sex discrimination persists in Ethiopia's tradition-bound
culture. Various U.N. studies note cultural and traditional
biases, marriages imposed at a very young age, hard and
time-consuming labor, inadequate employment opportunities, and
below-average wages in urban areas.
village leadership is invariably male, and all clergy are
male. However, women in the principal Ethiopian cultures
(Oromo, Amhara, Eritrean, and Tigray) enjoy certain economic
rights equal to those of men. They may inherit, sell or buy
property, and engage in business. In some rural areas, women
24-ann r\ on
120
have a subservient status within the home, and child marriages
remain common, despite opposition by the Government.
Cultural attitudes about violence against women have improved
since the 1974 revolution. While wife beating continues to be
a problem, it is no longer as common as it once was. An
Ethiopian woman does have redress to police protection if she
is subjected to beatings by her husband, but the police are
sometimes slow to respond. Women have successfully
adjudicated many domestic violence cases in kebele courts,
with offending husbands sometimes placed in kebele detention
centers .
Long established practices, such as female genital mutilation
(circumcision), remain common among Ethiopian Orthodox
Christian and Muslim families. The Ministry of Health,
religious organizations, the Revolutionary Women's Association
(created in 1980 with the goal of improving the status of
women), and nongovernmental organizations have engaged in an
education and health campaign at the village level to
sensitize the populace against female circumcision, early
marriage, and harmful nutritional practices. A central tenet
of this campaign is that female circumcision is itself an act
of violence against women.
Section 6 Worker Rights
a. The Right of Association
These is no independent labor movement in Ethiopia. The labor
force is organized into two umbrella mass organizations under
the control of the only legal political party. The Government
sees its own interests and those of working people as
identical and considers a single trade union structure
necessary to build a developed. Socialist society. The right
to strike is not recognized, and strikes are rare.
The Ethiopian Trade Union (ETU) embraces industrial and urban
workers with a combined membership of 318,000 (1988). Many of
ETU's top leaders have been trained in Eastern Europe, and as
an organization the ETU seeks to implement government policy,
expand control over the workplace, and prevent work
stoppages. The ETU is a member of Africa's continent-wide
official trade union body, the Organization of African Trade
Union Unity, and is affiliated with the Communist-controlled
World Federation of Trade Unions.
Rural workers are organized under the Ethiopian Peasants'
Association (EPA), which has 5.7 million members. The EPA is
an umbrella organization of some 20,000 smaller peasants'
associations, and in addition to being an implement of
government control, promotes literacy and advances
agricultural techniques. In some areas the local peasants'
associations have tax collection and militia responsibilities.
Despite guarantees on the freedom of association in the 1987
Consitution (Article 47), farmers and workers are not
permitted to organize outside the two recognized mass
organizations. Ethiopia has consistently been criticized by
the International Labor Organization (ILO) Governing Board for
failure to observe ILO Convention 87 on Freedom of
Association, which Ethiopia has ratified.
In 1989 the ILO's Committee of Experts noted that a draft
labor code is being drawn up and expressed the hope that it
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ETHIOPIA
would correct existing defects such as the imposition of a
single trade union system, the legal obligation of trade
unions and peasants' associations to disseminate among workers
the Government's development plans and Marxist-Leninist
theories, the right of the ETU to affiliate with international
organizations, restrictions on the right to strike, and
nonrecognition of trade union rights for public servants and
domestic personnel.
b. The Right to Organize and Bargain Collectively
In practice, collective bargaining does not exist. There are
no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Slavery was officially abolished in Ethiopia in 1942, but the
legal code does not otherwise address the issue of forced or
compulsory labor. In Socialist Ethiopia, citizens are
sometimes called on to perform certain civic obligations,
including "volunteer" assistance in community work projects
such as road-building and emergency repair. In factories,
workers are also expected to "volunteer" extra hours at no
pay, so production quotas can be met.
In 1989 the expanding civil conflict led to an often violent
forced conscription of teenage youths. Beginning in April,
there were eyewitness accounts of trucks picking up youths as
young as 13 from Addis Ababa's market area. The latest round
up of teenagers in Addis Ababa occurred in November. Forced
conscription was also reported in other areas of the country.
The young conscripts were often under armed guard and, by some
accounts, sometimes chained together to prevent their escape.
Quotas were established for each of Addis Ababa's kebeles.
d. Minimum Age for Employment of Children
The contract employment of children under the age of 14 is
prohibited in Ethiopia. This restriction appears to be
respected in factories, shops, and among domestic workers,
although children under 14 are frequently seen as street
vendors or beggars.
e. Acceptable Conditions of Work
Current working conditions vary according to occupation and
region, but hours are generally long, conditions poor, and
wages low. Given high unemployment, there is pressure for
existing jobs in the modern economy. The minimum wage in
Ethiopia is 93 cents per day. Even in a country with the low
per capita GDP of $106, such a low minimum wage is not
sufficient to provide a decent standard of living for an urban
worker and family. On the other hand, only unskilled day
laborers usually receive such a low wage.
Fringe benefits not required by law (transportation, meals,
shelter) raise the effective minimum wage. In some
corporations, fringe benefits reportedly account for almost
half of the payroll. Low-paid workers often supplement their
income by holding multiple jobs, receiving help from the
extended family, and engaging in subsistence farming.
Government wages have been frozen for 15 years. Some internal
government surveys reveal that as many as two of every five
salaried government workers earn less than what is required to
purchase a typical Ethiopian "grocery basket."
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ETHIOPIA
The law establishes 8-hour workdays and 48-hour workweeks.
The maximum legal workweek is generally respected in practice,
but as noted there is much uncompensated "volunteer" labor to
meet factory or office quotas. Health and safety codes for
the workplace are rudimentary and remain unenforced.
Compensation for occupational injuries and disabilities is
mandatory.
123
SABQH
President Omar Bongo, the head of Gabon's sole political party,
the Democratic Party of Gabon (PDG), has been reelected three
times in uncontested elections, most recently in November
1986. A 1983 constitutional amendment provides that only the
President-Founder of the party (President Bongo) may be a
candidate for president. Presidential power is extensive but
in practice is somewhat limited by a complex governmental
structure, which includes a 42-member Cabinet headed by the
Prime Minister. The 120-member National Assembly has no real
power. All major ethnic groups and regions are represented in
the Government, Political Bureau, and Central Committee of the
party.
The armed forces are comprised of approximately 4,000 army,
navy, and air force personnel. Internal security is shared by
the Gendarmerie, a paramilitary force of 2,700, and the
National Police, consisting of 2,000 troops, which works with
the Gendarmerie to maintain law and order in Libreville, Port
Gentil, and other provincial capitals. Uncontrolled
immigration is of particular concern. Security forces monitor
the presence and activities of thousands of illegal aliens and
occasionally conduct campaigns to find and deport them.
Gabon's relatively high per capita income ($3,200 in 1989) is
based on oil revenues, but it belies the underdeveloped nature
of the country and its economy. Although endowed with
petroleum, manganese, uranium, and vast timber resources, Gabon
has had limited agricultural and industrial development and
must import most of its food and manufactured goods. Rain
forest covers 85 percent of the country, and approximately
two-thirds of the populace lives in remote areas. The
TransGabon railroad, completed in 1986, now connects the
coastal capital of Libreville to Franceville in the southeast
interior. Due to the precipitous fall in revenue from oil
exports in recent years, the Government has imposed austerity
measures to meet World Bank and International Monetary Fund
program criteria. A massive onshore oil field discovered in
southern Gabon should boost petroleum output by 50 percent by
1990.
Human rights continued to be tightly restricted in 1989.
Principal concerns included mistreatment of prisoners and
detainees (there continued to be allegations of mistreatment of
Equatorial Guineans held as illegal aliens by the security
forces), lack of procedural safeguards in State Security Court
trials, and restrictions on freedoms of speech, press, and
assembly.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no known political killings or summary executions in
1989.
b. Disappearance
There were no known cases of abductions or disappearances
ascribed to government security forces or any other group.
124
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Gabonese law and security enforcement officials use beatings as
part of the interrogation process. Two persons arrested in
conjunction with a foiled coup plot in late 1989 subsequently
died while in custody. According to the Government, one died
from malaria and the other from a combination of diabetes and
hypertension. No independent medical confirmation of the
causes of death had been made available by year's end.
Prison conditions are harsh, and the main prison, Central
Prison, has poor hygiene, inadequate medical facilities, and
insufficient food. No specific instances of mistreatment of
prisoners came to light in 1989, but Amnesty International's
(AI) 1988 Report stated that a number of criminal suspects and
alleged illegal aliens had been beaten and tortured at Central
Prison in Libreville in 1987.
d. Arbitrary Arrest, Detention, or Exile
Gabonese law protects against arbitrary detention through
clearly articulated judicial procedures (in the French
tradition) . Security forces have been known to disregard the
procedures, particularly in security cases, by detaining
persons indefinitely without charge. The Constitution
specifies that "acts against the security of the State" and
"actions against the Chief of State," which can include
advocating a multiparty system, are punishable crimes. There
were, however, no known political detainees or prisoners held
during 1989.
Exile is not used as a means of political control nor as a
sentence for convicted criminals. With regard to forced or
compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
The court system, modeled on the French, has several levels.
The trial court (Tribunal de Premier Instance) hears questions
of fact and law in civil, commercial, ordinary criminal and
administrative cases. The appellate level is divided into two
courts, with a separate appeals court for criminal cases. The
highest level, the Supreme Court, has four chambers.
Outside the normal court system, there is a military tribunal
to handle all offenses under military law, a State Security
Court, and a special criminal court which deals with fraud and
embezzlement of public funds by officials. The right to a fair
public trial is provided for in the Constitution and generally
has been respected in criminal cases, but important procedural
safeguards are lacking in State Security Court trials. State
Security Court trials are open to the public, and defendants
are represented by counsel, with the right to appeal to the
Supreme Court or, if turned down by the Supreme Court, to the
President. However, court officials are appointed by the
President, who can also transfer and dismiss them by decree.
Although the judiciary is susceptible to intervention by the
executive, particularly in political or security cases, there
was no indication that such intervention occurred in 1989. On
January 1, 1989, and and on the 20th anniversary of the ruling
PDG, President Bongo continued his practice of commuting the
sentences of first offenders who were not convicted of first
degree murder or armed robbery.
125
QABQH
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Search warrants may be obtained after the fact but, as
occasionally happens in cases of suspected illegal aliens,
sometimes they are not obtained at all. There were credible
reports that in many cases the homes of those detained were
ransacked by security forces who confiscated personal effects.
The Government periodically monitors communications.
Membership in the ruling PDG is not mandatory, but it enhances
opportunities for political and career advancement. Gabonese
citizens' livelihoods are not normally compromised by failure
to join the party.
Section 2 Respect For Civil Liberties, Including:
a. Freedom of Speech and Press
These freedoms are restricted. Neither direct public criticism
of the President nor advocacy of a multiparty political system
is permitted. Gabonese citizens with access to the President
can express (and have expressed) their views, including
criticisms, directly to him in private meetings, and there has
been no retribution as a result. Public media — radio,
television, and the sole daily newspaper L 'Union — are
controlled by the Ministry of Information and disseminate
government visws and communiques. The media carry wire service
material (mostly Agence France Presse) which gives the public
some coverage of world events. The broadcasts of prodemocracy
demonstrations in China were apparently edited by the local
television station which downplayed the impact of the mass
demonstrations. However, the Government allowed the French
satellite system to broadcast these events. The President
encourages journalists to point out failures of individual
government officials or ministries and to highlight
inefficiency and corruption. Although foreign books and
magazines containing "scurrilous" material have been banned in
the past, this practice has not occurred in recent years.
Academic freedom is limited and public criticism of the
President or of the political system is not allowed. In 1989
students engaged in protest actions against curriculum content.
b. Freedom of Peaceful Assembly and Association
The Government limits freedom of assembly and association to
recognized organizations. Permits and police notification are
required for all outdoor meetings. The Government generally
permits such meetings only if they are organized by the ruling
party (and its ancillary units such as the women's, youth, and
labor movements), cultural and entertainment impresarios, or
recognized church groups. Demonstrations are not permitted.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
There is no state religion, and the Constitution provides for
religious freedom. Because their activities were considered by
the Government as fostering disunity, Jehovah's Witnesses and
several small syncretistic sects were banned by presidential
decree in 1970. The decree was reiterated in 1985. As
recently as 1987, the courts sentenced 24 Jehovah's Witnesses
to short or suspended terms for belonging to a banned
organization.
126
The primary faiths are Catholic and Protestant. There are a
few Muslims (including President Bongo) and numerous adherents
to traditional religions. Foreign missionaries, including
Americans, are engaged actively in evangelical and
administrative capacities.
d. Freedotn of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Movement of i>oth Gabonese citizens and expatriates within the
country is not restricted formally, but travelsrs occasionally
encounter gendarmerie control points where identity cards and
other documents are examined. While Gabonese citizens may
return freely to Gabon from abroad, they must obtain exit
permits from the police, and government employees must obtain
permission to travel abroad.
There are approximately 200,000 non-Gabonese resident in Gabon,
many of whom ace from Equatorial Guinea or Cameroon.
Imm?.gro;.lon laws and presidential deciaes promulgated in 1985
imposed heavy monetary guarantee requirements on non-French and
non-American axpatriates working in Gabon and leviad exit visa ■
fees for each departure from che country. The Gendarmerie
periodica-^.y det3ins undocumented aliens who are :hen placed in
a holding camp under harsh condi.ions. Most of che decainees
are .oleased if-sr paying fines and bribes. In August the
Government of Senegal arranged for the voluntary repatriation
from Gabon of some 1,000 of its citizens.
The Government encourages but does not Eorce "regroupment ' — the
voluntary consolidation of small rural communicies into larger
villages along a road — by enhancing the delivery of public
services such 3S water, electricity, and schooling m the
larger 7:>. xiages .
Section 3 Respect for Political Rights; The Right of Citizens
CO Chahge Their Government
The present policical system does not accord citizens che right
to change their govsrnment through the electoral process. The
Democratic Party of Gabon (PDG) is the sole political party of
Gabon. A party rrons: itu~ion amendment (March 1981) restricts
candidacy for presidential elections lO the Founder -President
of che PDG Among party members, there is competicion cor
elections to the National Assembly and for posicions on the
Central Committee, but this maneuvering is wichin the sole
political perty Presidential elections are held during the
7th year of the President's term. Nacional Assembly merabei:s
are elected for 5 years The f^ounci] of Ministers, which meets
under the chairmanship of the President or, occasionally ':he
Prime Minister, approves all government decisions proposed by
che President. The 42-membei Cabinet (reshuffled slightly in
August) includes representatives o^ maior ethnic groupb from
all regions of the country This large Cabinet allows the
various interest groups to havn a review role in policy
formulation, a share in politica) patronage, and a consultative
role on national resource distribution.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Ailegec Violations
of Human Rights
Gabon has not been the object of human •. ights investigations in
recent years, but in 1989 it invited representacives of Amnesty
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GAfiQH
International and other human rights organizations to visit
Gabon to ensure that coup plotters arrested in August receive
good treatment and due process of law. President Bongo
repeated his invitation to human rights observers in a November
address to the nation in which he also announced that the coup
plotters would be tried by the civil courts rather than placed
under the jurisdiction of a military court. There are no local
human rights groups. In the cabinet reshuffle of August,
responsibility for human rights questions remained with the
Secretary of State for Promotion of Women.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Gabon's relative prosperity has enabled the Government to
extend health and social security benefits to all its people,
regardless of tribal affiliation or region. Recent
difficulties in maintaining these benefits have been due to
severe budget cutbacks rather than to discriminatory
practices. There are no significant ethnic, racial, religious,
or social groups that have recently suffered mistreatment by
the Government.
Urban women are moving increasingly into the professions due to
improved educational opportunities, including in technical
training institutions in urban areas. Government and party
policies are supportive. In rural Gabon women still fill
largely traditional roles built around family and village,
e.g., hauling water, tending fields. The gradual introduction
of piped-in water and of electricity has had the effect of
improving living standards for rural women.
Violence against women in Gabon, including wife beating,
occurs, but there are no studies or statistics available to
help determine the extent of the problem. However, violence
against women is believed to be infrequent as it is not part of
the traditional social contest. The incidents that are
reported in the media from time to time invariably have their
genesis within the context of domestic disputes or are related
to violence against prostitutes. The Government does not
condone such behavior but has not directly addressed the issue.
Section 6 Worker Rights
a. The Right of Association
Workers may organize labor unions but are not free to form and
join unions of their own choosing. All unions must be
affiliated with the government-sponsored Labor Confederation of
Gabon (COSYGA) , which is a specialized organ of the PDG and the
sole labor federation. It is estimated that over half of
Gabon's 90,000 salaried private-sector workers are unionized.
Government employees are not permitted to belong to unions.
Under Gabonese law, the right to strike continues to be
severely restricted; strikes are illegal if they occur before
remedies prescribed under the Labor Code (1978) have been
exhausted. In June demonstrators gathered outside the
presidential palace to protest a change in the Labor Code which
would have legalized piece-rate work in the industrial sector.
President Bongo met with a labor delegation to discuss the
matter, and he later agreed to rescind the announced change.
In an unusual conciliatory move, the demonstrators were paid
their regular wages for the afternoon of the demonstration.
Utilities workers in Gabon's oil capital of Port Gentil have
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GABON
Staged work stoppages in the past to protest government-ordered
cuts in salaries and personnel at the state-owned utilities
company.
COSYGA is a member of the Organization of African Trade Union
Unity and maintains ties with the International Labor
Organization (ILO) and the American Federation of Labor and
Congress of Industrial Organizations and other national trade
union centers.
In its 1989 report, the ILO Committee of Experts (COE)
indicated that, in order to conform with Convention 87 on
Freedom of Association, the Government should revise existing
legislation to: provide workers who wish to form unions of
their own choosing the right to do so; eliminate the obligation
imposed on workers to pay a solidarity tax without their
consent; and eliminate compulsory arbitration which effectively
makes it legally impossible to strike.
b. The Right To Organize and Bargain Collectively
Unions in each sector negotiate with management over specific
pay scales, working conditions, and benefits applicable to
their industry. Representatives of labor, management, and
government meet annually to agree on the minimum wage, which is
determined within guidelines provided by the Government.
Agreements reached between labor and management in each sector
also apply to nonunion and expatriate labor. According to the
Labor Code, workers may individually or collectively take
complaints of code violations to arbitration and may appeal to
labor and national courts. These provisions are respected in
practice. There are no export processing zones in Gabon.
The 1989 report of the COE recommends that existing legislation
be revised to expand protection against antiunion
discrimination and to provide protection, including penal
sanctions, for workers' organizations against employer
interference.
c. Prohibition of Forced or Compulsory Labor
Although forced labor is prohibited by law, the COE has for
many years noted that provisions of the Merchant Shipping Code
are incompatible with ILO Conventions on forced labor. These
provisions permit the use of compulsory duties as one means of
administrative punishment or reprimand for merchant seamen.
The Government has often said that it is amending the Code, but
it has taken no action to date.
d. Minimum Age For Employment of Children
No minor below the age of 16 may work without the authorization
of the Ministries of Labor, Public Health, and Education, which
enforce this provision. It is granted rarely, and few
employees in the modern wage sector are below the age of 18.
Children at younger ages are involved in traditional family
farm labor in rural areas.
e. Acceptable Conditions of Work
The (1978) Labor Code and the (1982) General Convention of
Labor govern working conditions and benefits for all sectors.
Labor legislation provides broad protection to workers. The
minimum wage for unskilled labor since April 1985 has been
about $200 per month for Gabonese and about $150 for
129
SAEQH
foreigners. Owing to labor shortages, most salaries are much
higher. These wages provide a decent living for workers and
their families. Work over 40 hours per week must be
compensated with overtime, and the workweek must include a
minimum rest period of 48 consecutive hours. Women have a
right to 14 weeks of leave during pregnancy, including 6 weeks
before delivery.
The Labor Code provides for occupational health and safety
standards to be established by decree of the Minister of
Health. Adherence to these standards, which are generally
adopted from the French model, varies greatly and usually
reflects company policy rather than governmental enforcement
efforts. There has been little unemployment for Gabonese
wishing to enter the wage economy, although it has been
increasing as the economy reacts to the recent decline in world
oil prices.
130
THE GAMBIA
The Gambia is a parliamentary democracy with an elected
president and legislature. Except for a coup attempt in 1981,
The Gambia has had a history of political stability under the
leadership of its only President since independence in 1965,
Sir Dawda Jawara. His ruling People's Progressive Party (PPP)
has dominated the unicameral Parliament, but several
opposition parties participate in the political process,
including two new political parties formed in 1986. In the
parliamentary and presidential elections held in March 1987,
President Jawara was reelected by a large margin, and PPP
candidates won an overwhelming majority in Parliament.
The confederation between The Gambia and Senegal, established
in 1982 following the coup attempt, formally ended in
September 1989, following Senegal's withdrawal of its security
forces from The Gambia. The two countries disagreed over the
function and ultimate purpose of the confederation, with The
Gambia insisting upon its sovereignty and Senegal favoring a
more fully integrated economic union. The Gambia has a small
army with an attached naval unit organized and trained by
British officers. Its gendarmerie forces, formerly headed by
Senegalese officers, are now under Gambian leadership. The
combined confederal battalion, which had been two-thirds
Senegalese and one-third Gambian, was disbanded in September
1989.
The Gambia's estimated population of 784,000 consists largely
of subsistence farmers growing rice and groundnuts (peanuts),
the country's primary export crop. The Gambia in 1989
continued a stringent program of economic reform which met the
targets agreed upon with the International Monetary Fund, the
World Bank, and other donors. The program has allowed The
Gambia to reschedule its external debt and to receive new loan
and grant assistance.
The Gambia has made particular efforts to promote observance
of human rights, including the subject in its Constitution of
April 24, 1970. In June the Organization of African Unity's
(OAU) Commission on Human and People's Rights established its
headquarters in Banjul. The Gambian Government founded a
Centre for Democracy and Human Rights Studies, in conjunction
with the OAU headquarters, to serve as a research institution
and training center for human rights issues.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no instances of political killings.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no allegations of torture in 1989. The
Constitution prohibits torture and other cruel, inhuman, and
degrading punishment.
131
THE GAMBIA
Prison conditions are severe, and there have been occasional
reports of mistreatment of prisoners. The deaths of several
inmates in 1988 at one prison due to inadequate diet was
investigated by a Presidential Commission on Prison
Conditions. The Commission found nutritional deficiencies and
some overcrowding, and its recommendations led to prison
reforms, including the passage of legislation specifying an
adequate prison diet. The Government allows prison visits by
representatives of the local Red Cross and by close family
members .
d. Arbitrary Arrest, Detention, or Exile
Based on British legal practice, well-developed constitutional
and legal procedures govern the arrest, detention, and trial
of persons accused of crimes. Under these procedures, a
detained person must be brought to trial within 1 week of
arrest. This waiting period, however, can be extended twice,
making 21 days the maximum period of detention before trial.
In 1987 the Government detained several suspected members of
the Movement for Justice in Africa, which was banned in 1980.
They were later released without charges being brought on
political grounds, although some were charged and tried for
possession of cannabis. There were no political detainees
being held at the end of 1989. There are some self-exiled
opposition elements who would be arrested for suspected
involvement in the 1981 coup attempt if they returned to The
Gambia, e.g., the alleged leader of the plot, Kukoi Samba
Sanyang .
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
Three kinds of law operate in The Gambia: general, Shari'a,
and customary law. Shari'a, governing Muslims, is observed in
marriage and divorce proceedings. Customary law covers
marriage and divorce for non-Muslims, inheritance, land tenure
and utilization, local tribal government, and all other
traditional civil and social relations. General law, based on
English statutes and modified to suit the Gambian context,
governs criminal cases and trials and most organized business
practices. If there were a conflict between general law and
Shari'a, general law would prevail.
The Constitution provides criminal defendants with the
traditional rights of the English legal system, such as
presumption of innocence, the right of the accused to be
informed promptly of the charges, and the right to a public
trial. If released on bail, an accused person may face
charges indefinitely, since there is no maximum time limit for
completing the investigation and bringing the case to trial.
Appeals normally proceed from the Supreme (trial) Court to the
Court of Appeals, the country's highest tribunal.
While the judiciary operates independently and is free of
government interference, judges are appointed by the
Government. Because of the shortage of legal professionals in
The Gambia, the legal system is staffed in part by judges and
prosecuting and defense attorneys from other English-speaking
countries having the same basic legal system as the Gambia.
An opposition journalist, Sana Manneh, editor of The Torch,
accused four cabinet ministers of corruption in 1988 and
132
THE GAMBIA
subsequently was charged with libeling three of them in
October 1988. A 4-nionth trial ensued, avidly followed by the
private press and the public. In April Manneh was acquitted
on two counts of libel and given a warning for a third, less
serious count. The Government appealed this decision, and a
hearing date is set for March 1990.
The Government released 40 prisoners in December 1988 in honor
of the 40th anniversary of the Universal Declaration of Human
Rights. In February 1989, in commemoration of Gambian
independence. President Jawara announced the release of 50
more prisoners, some of whom had participated in the 1981 coup
attempt. Currently, there are no known political prisoners in
The Gambia.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides guarantees, which are respected in
practice, against arbitrary search of person and property. It
does permit a search to which a suspect submits voluntarily or
if it is reasonably required in the interest of national
defense or public welfare. Under the Gambian criminal code,
search warrants based on probable cause are issued by
magistrates upon application by the police. The code also
specifies that police may conduct a search of a private
residence while a crime is in progress. There are a few
police and military checkpoints in and around Banjul, which
periodically stop drivers and search vehicles.
The rights of family are of extreme importance in The Gambia's
conservative Muslim society. Marriage, the raising of
children, and religious instruction are regulated by a
combination of personal preference and ethnic and religious
tradition. The Government does not normally intrude in family
matters. Family planning is encouraged but not enforced.
There is no effort to censor or control personal
correspondence or communications.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and press.
While opposition parties have been relatively inactive since
the 1987 elections, members freely express their opinions
about the Government and ruling party.
The Government does not attempt to censor published materials,
whether they originate within or outside the country. In
practical terms. The Gambia, with its small, mainly rural,
largely illiterate, multilingual population, does not support
an active press. There are no daily newspapers. The
Government and the People's Progressive Party have newspapers
which are published on a biweekly or monthly basis. There are
several independent, intermittently published, mimeographed
newssheets. Both the opposition and the independent press are
openly critical of the Government. A biweekly mimeographed
paper, sponsored by a legal Socialist party, has been
particularly vocal in condemning the governing party. There
is, however, some degree of self-censorship in the government-
owned media, which exercises restraint in reporting criticism
of the Government. During the libel trial of the journalist
who accused four cabinet ministers of corruption. Radio Gambia
and the official press ceased coverage after the first week of
133
THE GAMBIA
the trial. However, the Socialist paper reported on the daily
events of the trial and was widely distributed; the
international press also covered the story.
There is no television in The Gambia, although Senegalese
broadcasts can be received. The Government dominates the
media through Radio Gambia. There have been no reported
instances of government interference with the one commercial
radio station, which mainly broadcasts music. Foreign
magazines and newspapers are available in the capital. There
is no university in The Gambia.
b. Freedom of Peaceful Assembly and Association
In general, there is no interference with the freedom of
association and assembly which is provided for in the
Constitution. The Government almost always grants permits for
peaceful assembly but requires that these meetings be open to
the public. However, the Movement for Justice in Africa,
which was suspected of involvement in the 1981 coup attempt,
is banned.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
The constitutional provisions of freedom of conscience,
thought, and religion are observed in practice. The State is
secular, although Muslims constitute over 90 percent of the
population. The schools provide instruction in the Koran for
Muslim students. Christians, both Catholic and Protestant,
freely practice their religion. There is a small Baha'i
community in Banjul. Missionaries are permitted to carry on
their various mission-related activities openly and freely.
There is no evidence of discrimination in employment,
education, or in other areas of Gambian life on religious
grounds .
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution provides for freedom of movement, subject to
conditions protecting public safety, health, and morals.
There is no restriction on freedom of emigration or freedom of
return. Internally, police and military checkpoints exist in
and around Banjul, but there is no evidence that police harass
travelers. Because of historic and ethnic ties with the
inhabitants of Senegal, Guinea-Bissau, Mali, Sierra Leone, and
Mauritania, people tend to move freely across borders, which
are poorly marked and difficult to police. Under the
confederation treaty of 1981, neither Gambians nor Senegalese
have needed passports or visas to travel to or reside in the
other country. It is not clear whether this will change as a
result of the recent dissolution of the confederation. The
Gambia also recognizes the Economic Community of West African
States' (ECOWAS) protocol which allows entry of ECOWAS country
citizens for up to 90 days without visas.
In late April and May, during the ethnic violence and unrest
in Mauritania and Senegal, over 7,000 Mauritanian citizens
sought refuge from Senegal in The Gambia. The Gambian
Government moved quickly, in conjunction with the Red Cross
and other donors, to set up temporary camps and feeding
centers for the Mauritanians and later arranged an airlift to
134
THE GAMBIA
help their voluntary return to Mauritania.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The President and the Members of Parliament are popularly-
elected, as are the district councils and the chiefs, who
exercise traditional authority in the villages and compounds.
Presidential and parliamentary elections are held every 5
years. Citizens must be at least 18 years of age to vote.
Balloting is secret, and measures are employed to assure that
illiterate voters understand the choices and voting
procedure. A functioning multiparty system exists in The
Gambia even though the People's Progressive Party under the
leadership of President Jawara has been in power since
independence. The principal opposition party, the National
Convention Party (NCP), contests both national and district
elections. Two newly formed opposition parties, the Gambia
People's Party (GPP) and the People's Democratic Organization
for Independence and Socialism (PDOIS) , contested for office
in the March 1987 presidential and parliamentary elections.
Campaigning was vigorous, active, and open to all parties.
The ruling PPP won by an overwhelming majority and now holds
31 of 36 elective seats in the Parliament. The NCP was the
only opposition party to win seats. The opposition charged
that the election was manipulated by the Government but did
not provide evidence to support its allegations. The
opposition also charged, with some justification, that the PPP
benefited from its control of Radio Gambia and access to
government vehicles for campaigning.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Govarnment is responsive to charges of human rights
violations and permits visits of international human rights
organizations to observe the conditioas of detainees and the
trial process. There were no reported requests by such
organizations for investigation of alleged human rights abuses
in The Gambia during 1989. The Gambia is an 3,::ti/e member of
the Un; red Nations Human lights Commission and of rhe
Organization of African Unity's (OAU) Commission on Human and
Peoples' Rights. It took the initiative in persuading the OAU
to locate the Commission in Banjul which opened in June 1989.
The Government has also established the African Centre for
Democracy and Human Bights StuCiSs in conjunct ion with the OAU
Corami.ssion, which held its first colloquium in November.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Gambiar population is overwhelmingly Muslim and rural,
with 8^ percent living in villages While personal initiative
and choice are valued, there is considerable emphasis on the
collective aspects of rights and piivileges. Traditional
views, especially about the role of women in society, are
changing, but veiy slowly. Marriages are sciil often
arranged, and Mus ' im cradltion a' lows for polygamy. Domestic
violence (wife beating) and female circumcision are common
practices in The 'Gambia as in the region, reinforced by
traditional beliefs. As a result, the Government has been
passive in attempting to ■■•ounter these practices. However,
the Women's Bureau in t-.he Office of the President conducted a
study in late 1989 of women s rights, including specific
135
THE GAMBIA
questions on domestic violence, that will be used as the basis
for recommendations to the law reform commission. The Women's
Bureau conducts an ongoing campaign in the rural areas to make
women aware of their legal rights in divorce, property
matters, and in cases of assault.
In villages the women continue to perform work in the field
and provide for the majority of local food production. Women
also play an important role in the small, modern wage sector
of the economy. Most are in semiskilled jobs (e.g., assembly
work, handicraft shops, bus conductors), very few are in
skilled trades (e.g., carpentry, auto repair), and a small but
growing number are in midlevel supervisory positions (e.g.,
civil service, tourist hotels, and banks). There is no wage
or benefits discrimination for jobs that are performed both by
men and women. Females comprise over one-third of the
students in primary school, and, with growing educational
opportunities, women are beginning to participate increasingly
in the professions and in political life.
Section 6 Worker Rights
a. The Right of Association
The Labor Administration Act specifies that workers are free
to form associations, including trade unions. However, less
than 20 percent of the work force is engaged in the modern
wage sector of the economy, where unions normally are active.
The Gambian Workers' Confederation (GWC) and the Gambian
Workers Union (GWU) , are the two main independent and
competing umbrella organizations, and both are recognized by,
and have a good working relationship with, the Government.
The Labor Administration Act authorizes strikes. However,
because of a required 14-day cooling off period (21 days in
essential services), government conciliation efforts, and the
poor bargaining strength of the unions, few strikes actually
occur. In September about 200 workers of the China Building
Material Company outside of Banjul went on strike following
the dismissal of a worker; the outstanding issues appeared to
be differences between the Chinese management and Gambian
labor practices.
As a result of an incomplete merger effort between the GWC and
the GWU, both organizations claim affiliation to the
International Confederation of Free Trade Unions (ICFTU);
however, the ICFTU continues to recognize the GWU as its
affiliate. Both unions are affiliated with the Organization
of African Trade Union Unity. In addition, there are two
other Gambian labor confederations, the Gambian Labor
Confederation, which is affiliated with the Communist-
controlled World Federation of Trade Unions, and the Gambian
Trade Union Congress, which is affiliated with the World
Confederation of Labor. The Gambia is not a member of the
International Labor Organization.
b. The Right to Organize and Bargain Collectively
Under the Labor Administration Act, workers have the right to
organize and bargain collectively. While trade unions are
small and fragmented, collective bargaining agreements in May
resulted in revised minimum wage rates for categories of
workers in construction, carpentry, electrical engineering,
transportation, shipyards, hotels, and other occupations.
There is no export processing zone in The Gambia. i^abor laws
136
THE GAMBIA
ate applied uniformly throughout the country.
c. Prohibition of Forced or Compulsory Labor
The Criminal Code prohibits compulsory labor. There is no
evidence of forced or compulsory labor in The Gambia.
d. Minimum Age for Employment of Children
The official minimum age for employment is 18. However,
because of the paucity of secondary school opportunities, most
children complete their formal education by age 14 and
informally enter the work force. Control of child labor does
not apply to customary chores on family farms or street
trading .
e. Acceptable Conditions of Work
Minimum wages and hours of work are determined by the Joint
Industrial Council, pursuant to the Labor Administration Act,
which has representation from employees, employers, and
government. For example, the minimum wage for an unskilled
laborer is approximately $1.20 per day, usually supplemented
with transport and other allowances. The wages are higher for
various skilled laborers, with the minimum under the May 1989
agreement set at $2.89 per day for foremen and hotel chefs.
The private sector generally has provision for overtime pay.
These minimum wages do not provide for a decent standard of
living. However, most Gambians do not live on one worker's
earnings and rely on the extended family system, including
often some subsistence farming.
The workweek for government workers is four 8-hour days, with
a half day on Friday. Allowance is made for half-hour lunch
breaks. For the private sector, there are four 8-hour days
with half days on Fridays and Saturdays, making a 40-hour
workweek. Government employees are entitled to 1 month's paid
leave after 1 year of service; private sector employees
receive 15 days of paid annual leave.
Under the Factory Act, the Minister of Labor is given
authority to regulate factory health and safety, accident
prevention, and dangerous trades and to appoint inspectors to
ensure compliance. However, this system is less than fully
satisfactory, owing to the shortage of inspectors. The
Government announced in 1987 that it would submit to
Parliament a new labor code to replace obsolete labor laws;
and a new industrial injuries compensation act to replace the
existing workmen's compensation act. However, no action to
this end had been taken by the end of 1989.
137
QliAJaA
Ghana is governed by the Provisional National Defense Council
(PNDC) under the chairmanship of Flight Lieutenant Jerry John
Rawlings, who seized power from an elected government on
December 31, 1981, and abolished the constitution, which has
not been replaced. Under the Establishment Proclamation of
January 11, 1982, the PNDC exercises "all powers of
government." In practice, government policy is developed by
Chairman Rawlings, assisted by a number of close advisers,
both inside and outside the Government. In addition to
Chairman Rawlings, the PNDC consists of eight members, of whom
two are serving military officers and six are civilians. The
executive consists of ministries headed by secretaries, most
of whom are subordinate to a PNDC member responsible for that
particular area of government. There is no national
legislature or lawmaking body. All national, regional, and
many district officials are appointed by the PNDC.
The several security organizations which exist in Ghana report
to various departments of government, but all come under the
control of the PNDC. Most security cases of a political
nature are handled by the Bureau of National Investigation
(BNI), which reports to the PNDC member responsible for
security issues.
Starting in 1983, the Government adopted an Economic Recovery
Program (ERP) to redress a quarter century of economic
mismanagement and political instability which caused Ghana to
decline from one of Africa's most promising economies to near
collapse. Conducted in concert with the International
Monetary Fund, the World Bank, and a consultative group of
bilateral donors, the recovery program has had a positive
impact. While economic growth has averaged 5 percent since
the inception of the ERP, and inflation has fallen far below
the triple-digit rates of earlier years, the austerity of the
recovery program has been a heavy burden for large segments of
the population.
Although the Rawlings regime has largely restored order
following the 18-month period of revolutionary excess in 1982
and 1983, there continue to be significant human rights
problems in Ghana. These include restrictions on such basic
rights as freedom of speech, press, and assembly, the right of
citizens to change their government, and legal due process.
In June 1989, the Government established regulations for
registering all religious organizations; it "froze" the assets
of four churches, expelling the expatriate missionaries of two
of them, the Jehovah's Witnesses and the Mormons. Summary
arrest and detention were continuing problems with instances
of incarceration without formal charges.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of politically motivated or other
extrajudicial killings.
b. Disappearance
No politically motivated disappearances were reported in 1989.
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QOhUA
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There have been occasional credible allegations of torture and
beatings in recent years, although there were none in 1989.
Prisons in Ghana are antiquated and overcrowded; conditions
are harsh. Within the past few years, two American citizens
with medical problems died in Ghanaian prisons, and a third
stated he had been physically mistreated. The Government is
aware of unsafe and overcrowded prison conditions and has
established a commission to look into reform of the prisons
and the parole system.
d. Arbitrary Arrest, Detention, or Exile
In routine criminal cases, arrests generally conform to the
legal procedures set forth in the criminal code. This code
requires that an arrested person be brought before a court
within 48 hours to be charged. However, the court can refuse
to release a detainee on bail and instead remand him without
charges for an indefinite period of time, subject to weekly
review as a case is investigated. Habeas corpus is limited by
a 1984 law which prevents any court from inquiring into the
grounds for the detention of any Ghanaian under PNDC Law 4
(Preventive Custody Law of 1982).
PNDC Law 4 provides for indefinite detention without trial if
the PNDC determines it is in the interest of national
security. Ghanaian security forces occasionally take persons
into custody, with or without a warrant, and hold them
incommunicado for extended periods of time, as in the
1987-1988 case of the journalist Ben Ephson. The threat of
such treatment serves as a deterrent to activities deemed
unacceptable by the State. PNDC Law 4 has been used against a
wide variety of persons, including trade union officials like
Akwasi Adu-Amankwah and student leaders like Tony Akoto-Ampaw,
both of whom were released in 1989.
In late June, the PNDC detained without charge the President
and the Secretary General of the Ghana Bar Association for
more than a week after the Association announced its intention
to hold a seminar commemorating the murder of three judges by
soldiers in 1982, shortly after Chairman Rawlings took power.
Following a decision by the Bar Association to cancel the
seminar, the President and Secretary General were released.
There are also reliable reports that Lebanese businessmen
suspected of illegal activities are often simply arrested and
incarcerated as a means of intimidating others.
In recent years, a number of American citizens have been
arrested and held without charge for lengthy periods without
the U.S. Embassy being notified or provided access as
stipulated in international conventions and in a bilateral
treaty. In 1989 the Government seized members of a religious
group — the Black Hebrews — who are American citizens and
long-time residents of Ghana. They were held several days
before appropriate officials at the American Embassy were
informed of their imprisonment. The Department of State
renewed its August 1988 travel advisory warning American
visitors and potential travelers of continuing problems with
Ghanaian authorities.
The number of political detainees/prisoners at the end of 1989
was unknown, but the most reliable estimates were around 200.
The Government claims the actual number is smaller. In
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GHAM
September 1989, Major Courage Quashigah, two other military
officers (one of whom reportedly committed suicide while in
detention), and two civilians were arrested for alleged
involvement in a coup plot. They had not been tried by the end
of 1989.
The Government does not practice forced exile. In 1988 the
Government continued quietly to encourage Ghanaian exilees with
valuable skills to return home, offering them amnesty. A few
officials of the former government have returned and resumed
careers outside politics, apparently without difficulties.
Others have remained abroad, particularly in the United Kingdom
and other parts of Western Europe, in order to conduct active
opposition to the PNDC or out of fear of political persecution.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
There are two court systems in Ghana. In the regular
"prerevolutionary" court system, traditional legal safeguards
are based on British legal practices. Trials are public, and
defendants have a right to be present, to be represented by an
attorney, and to present evidence and cross-examine witnesses.
This system includes high courts, appeal courts, and a supreme
court headed by a chief justice. There are limitations,
however, to the independence of the regular courts. In April
1986, the PNDC summarily dismissed 16 judges, alleging that
they were guilty of malfeasance. By this action, the PNDC put
judges in the regular courts on notice that they serve at its
sufferance. The independent Ghana Bar Association has urged
the reestablishment of a judicial council to protect judges
from arbitrary dismissal and preserve judicial independence.
A separate public tribunals system at the national and regional
levels was set up by the PNDC in 1982 to bypass the regular
court system and speed up the judicial process by deemphasizing
legal "technicalities." This system includes the Office of
Revenue Commissioners, the National Investigations Committee
(which, established by PNDC Law 2, has the power to investigate
virtually any allegation referred to it by the PNDC), the
Special Military Tribunal, and the Public Tribunals Board.
Most sensitive political cases and those involving security
issues and capital punishment are heard by public tribunals.
No appeals were permitted until 1985, when the National Appeals
Tribunal was created.
The public tribunals depend largely on judges with little or no
legal experience, and they shortcut legal safeguards and due
process to provide "rough and ready" justice. Presiding judges
are more often laymen than lawyers; there are no published
guidelines concerning the admissibility of evidence; and
conviction is by majority vote of the panel trying a case.
Critics also contend that meaningful appeals are impossible
because no adequate record is kept of initial hearings before
tribunals. Judges on the appeals panel are drawn from the same
pool of "lay judges" who hear initial cases. In the course of
a September conference for tribunal officials, government
officials proposed the establishment of regional appeal
tribunals and the publication of tribunal judgments. The Ghana
Bar Association, citing such shortcomings, has elected not to
practice before the public tribunals. However, a number of
lawyers have ignored the Bar Association's decision and will
defend clients before the public tribunals.
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Qh&HA
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Citizens not engaged in activity objectionable to the
Government are generally free from interference with regard to
private conduct, although some critics characterize the local
Committees for the Defense of the Revolution (CDR) as
"neighborhood watch committees." Monitoring of telephones and
mail occurs, and forced entry into homes has been reported in
connection with security investigations. The State supports
family planning, but there has been no interference with the
right to marry or have children as one chooses.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedoms of speech and the press are restricted. Chairman
Rawlings has frequently encouraged people to speak out on
local community concerns, though not on government policy.
However, informers are said to exist, and some Ghanaians
hesitate to speak frankly at public gatherings or to attend
certain functions.
In September the Ghana Bar Association was to host the
biennial meeting of the African Bar Association with the
conference theme to be "Human Rights in Africa." The
Government had been involved in the planning for almost a
year, but, shortly before the conference was scheduled to
open, the Government withdrew its financial and logistical
support. Faced with this official oppositon, the Bar
Association canceled the meeting. The Government also
confiscated the passport of the Ghana Bar Association
President amidst allegations in a government-owned newspaper
that he had planned to use the conference to destabilize the
Government .
The Government owns the radio and television stations and the
two principal daily newspapers. Reporting in government-owned
media accentuates positive aspects of government policies but
also covers selected instances of corruption and mismanagement
in government agencies and state-owned enterprises. In
general, media criticism of government policies or of Chairman
Rawlings and PNDC members, as well as of foreign and domestic
policies, is not tolerated. Journalists are subject to
discipline or dismissal by the Government for running articles
deemed unacceptable. The editor of the government-owned
weekly The Mirror was dismissed in August 1988.
On occasion, the few remaining privately owned newspapers have
tried to be relatively bold in reporting selected issues,
including editorials and articles criticizing Ghana's foreign
policy and the Economic Recovery Program (ERP) . However,
several privately owned newspapers have closed down in recent
years, and in December 1985 the Government banned publication
of the Catholic Standard; it remained banned in 1989, although
Chairman Rawlings has said publicly that the ban is being
reconsidered.
A few foreign periodicals such as West Africa, Time, and
Newsweek are sold freely in Accra and other major cities, and
even issues critical of Ghana are allowed to circulate. Most
Western journalists are now routinely accorded visas and press
credentials as opposed to the practices of a few years ago.
141
GHAHA
Academic freedom is respected within the confines of the
campus. The National Union of Ghanaian Students, one of the
more vocal critics of the PNDC, is tolerated and allowed to
organize and hold meetings. Several political organizations,
including the June Fourth Movement and the New Democratic
Movement (NDM) , were founded by faculty and students at the
University of Ghana. The NDM is viewed with particular
suspicion by the PNDC. Just prior to examinations in May
1988, university students demonstrated over campus issues and
forced the closing of all three universities; they reopened in
December. During 1989 the Government made a concerted effort
to improve its relations with the university students. Senior
government officials and students discussed PNDC programs in a
serious but nonconf rontational manner, and Chairman Rawlings
addressed the graduation ceremonies at the three major
institutions without incident.
Critics have charged, and the PNDC Chairman has publicly
admitted, that fear of government reaction has led to the
creation of a "culture of silence" in Ghana. Senior officials
deplore this and ask people to speak out on issues, but
instances such as the detention of the President and the
Secretary General of the Ghana Bar Association in June
demonstrate that to do so can be dangerous and that the
boundaries of permissible discussion are still vague.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly and association are also restricted.
Individuals generally are free to join together formally or
informally to promote benevolent or nonpolitical causes, but
permits are required for public meetings or demonstrations,
and these are seldom granted for political purposes,
particularly if the applicant's views are at odds with those
of the Government. Political parties and political meetings
are prohibited. The Government barred persons with close ties
to the old parties from running as candidates for election to
the district assemblies.
Ghana has many private religious, social, and cultural
organizations which are allowed to organize and gather with a
minimum of legal or informal restrictions.
For a discussion of freedom of association as it applies to
labor unions, see section 6. a.
c. Freedom of Religion
There is no state-favored religion. Ghanaians are
predominantly Christian, and many senior government officials
are practicing members of various Protestant sects or Roman
Catholicism, with no particular advantages or disadvantages
attached to membership.
PNDC efforts to urge the major religious communities to
support its economic and social policies has created tension
between them and the Government. Chairman Rawlings publicly
criticized the Roman Catholic Church's prohibition on its
priests participating in the district assemblies. The PNDC
has also been sensitive to criticism of Ghana's human rights
record by leaders of various denominations. Chairman Rawlings
has not renewed his 1987 charge that worldwide church and
Christian organizations may be havens for foreign spy networks,
In June 1989, the Government laid down guidelines for the
registration of all religious organizations and made it clear
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GHANA
that any organization whose actions, it concluded, would lead
to social disruption or would offend the morals of the people
would not be registered, and thus not tolerated. The
Government requires full information about the property and
financial assets of the churches and makes the boards of
governors personally liable for contraventions.
Subsequently, the Government "froze" the assets of four
churches, two indigenous Christian churches, plus the
Jehovah's Witnesses and the Church of Jesus Christ of
Latter-Day Saints (Mormons) . The expatriate personnel of the
Jehovah's Witnesses and the Mormons were expelled with 7 days'
notice. The Government alleged that the Jehovah's Witnesses
refused to recognize Ghana's symbols of authority and that the
Mormons advocated racism. Ghanaian members of the Mormon
church have not been further harassed, but expatriate Mormons
have not been allowed to resume their missionary activities in
Ghana. At present, these four churches have not been allowed
to apply for registration.
Other foreign missionary groups have generally operated
throughout the country with a minimum of formal restrictions,
but some foreign missionaries find obtaining visas is becoming
more difficult. At least one missionary was denied entry in
1989 despite possessing a valid visa.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Ghanaians and foreigners are free to move throughout Ghana
without special permission. Police checkpoints exist
countrywide, allegedly for the prevention of smuggling, but
are less obtrusive than in the 1982-84 period. Roadblocks and
car searches are still a normal part of nighttime travel in
Accra .
As members of the Economic Community of West African States
(ECOWAS), Ghanaians may travel without visas for up to 90 days
in member states. Ghanaians are generally free to exercise
this right, and nationals of other member states are free to
travel to Ghana. In August-September 1989, longtime Ghanaian
residents of Liberia and longtime Liberian residents of Ghana
abruptly returned to their "home" countries amidst press
allegations that they had been deported. Both Governments
officially denied their citizens had been deported. Ghanaians
are also free to emigrate or to be repatriated from other
countries. If a person is considered a security threat,
special permission to travel outside Ghana must be obtained.
There is no forced resettlement of populations. The
Government has not established policies to deal with the
roughly 150 refugees registered with the United Nations High
Commissioner for Refugees. Many unregistered refugees from
the Sahelian drought in neighboring countries remain in Ghana,
and efforts to settle or move these basically nomadic peoples
have had only limited success.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
There is no procedure by which citizens can freely and
peacefully change their laws, officials, or form of
government. Chairman Rawlings and the PNDC exercise total
executive, legislative, judicial, and administrative power.
The National Commission for Democracy (NCD) was established in
143
1984 to design new "democratic" structures which would help
establish the legitimacy of the PNDC.
In December 1988, and in January and February 1989, the first
elections of any kind since 1979 were held in Ghana to
establish district assemblies in 10 regions. An estimated
58.9 percent of the electorate, higher in the rural areas than
in the urban areas, turned out for the elections which were
generally peaceful and unaccompanied by fraud. The contests
revolved around the candidates' probity and competence. These
local assemblies have limited authority, and the PNDC has
emphasized that the first priority of the assemblies is to
establish local development programs. The Government names
one-third of the members of each assembly, which conduct
meetings and formulate development programs within guidelines
laid down by the Regional Coordinating Councils (RCC)
established in August 1989. The RCCs are dominated by
government-appointed officials.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There are no known locally organized hiunan .Ights groups
currently dealing wich Ghanaian human rights matters. Several
other organizations — most notably the Ghana Bar
Association — have attempted to address human rights ^ssues
from time to cime. The Gove^"nment ' s reactions to Irhese
efforts have ranged rrom indifference to active
discouragement. The Government does permit the International
Committee of the Red Cross co visit prisons. In September
1988, Ghana hosted a meeting of the International Federation
of Women Lawyers, which addressed human rights in Ghana, but
in 1989 it blocked ihe African Bar Association meeting. A
representative of Amnesty International applied to visit Ghana
in 1989 but was denied a visa.
The Government is sensitive to charges of abuse of human
rights and stoutly dsfends ics practices. The PNDC is
particularly cricical of charges from numan rights groups in
the West that it lacks a democratic structure. It insists
that 'participatory democracy" through people "s involvement in
mass organizacions such as che Commi : ees for the Defense of
the Revolution and the 3ist December Women's Movement has
'grassroocs" support and ts more broadly democratic than
previous Ghanaian governmencs. Ghana is a .Tiember of the U.N.
Human Sights Commission.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Although ethnic dicferences are intentionally downplaved by
the Government, occasional charges are aired that the PNDC and
the political leadership are dominateu by the Ewe etnair group
from eastern Ghana Chairman Rawlingb and a number or his
close advisors are Ewe.
The Government has made a concerted effort to raise the status
of women in Ghana. In 1985 it promulgated four laws which
overturned many of the customary, tiaditional, and :.olonial
laws which discriminated against women. These concerned
family accountability, intestate su<.;»'ession, customa'i divorce
registracions , and the administration of estates. Women in
urban centers and chose who nave enveied the inodern sector
encounter little overt bias, but resistance co women in
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GJHAHA
nontraditional roles persists. Women in the rural
agricultural sector remain subject to traditional male
dominance. Women do have a significant economic role as
market traders.
violence against women, including wife beating, occurs, but,
as there are no statistics or studies available, the extent of
the problem is unknown. Police do not normally intervene in
domestic disputes, and such cases seldom come before the
courts. Female mutilation (e.g., clitoridectomy) is practiced
only in the far northeast and northwest parts of the country.
The Government discourages the practice, although it has not
made it illegal. The 31st December Women's Movement, led by
Chairman Rawlings' wife Nana Komadu Agyeman-Rawlings ,
prominently promotes the economic and social development of
women.
Section 6 Worker Rights
a. The Right of Association
The PNDC has not interfered with the right of workers to
associate in labor unions. Trade unions in Ghana and their
activities are still governed by the Industrial Relations Act
(IRA) of 1958, as amended in 1965 and 1972. The independent
Trades Union Congress (TUC) , established in 1958, represents
organized labor in Ghana. It consists of a national
headquarters and 16 affiliated unions, representing a claimed
total membership of about 700,000 workers in skilled and
semiskilled trades. Union members elect their own leaders,
and representatives of the affiliated unions elect the TUC
leadership at quadrennial conferences, the most recent having
been in March 1988. The TUC publishes its own newspaper. It
is independent of government subventions and has publicly
criticized the Government at times for its economic policies
as well as its failure adequately to consult the trade union
movement .
The right to strike is recognized in law and in practice,
although the Government has on occasion taken strong action to
end strikes, especially those which threaten interests it
perceives as vital. Under the IRA, the Government has
established a system under which it seeks first to conciliate,
then arbitrate, disputes. Discussions have been under way for
some time to replace this system with labor tribunals to
arbitrate industrial disputes certified as deadlocked. The
Government has declared that establishment of labor tribunals
must be part of a new, consolidated industrial relations act,
which cannot be implemented piecemeal.
For several years the International Labor Organization (ILO)
Committee of Experts (COE) has criticized various aspects of
Ghanaian legislation pertaining to freedom of association.
The COE, again in 1989, expressed the hope that measures would
be taken to bring Ghana's laws into conformity with ILO
Convention 87 which Ghana ratified in 1967.
The TUC is affiliated with the Organization of African Trade
Union Unity (OATUU) . Consistent with OATUU guidelines, it
maintains no other international affiliations, although it has
friendly relations with other international labor
organizations, including the International Confederation of
Free Trade Unions and the Communist-controlled World
Federation of Trade Unions.
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SHAM
b. The Right to Organize and Bargain Collectively
The right to organize is generally respected. Civil servants,
however, are prohibited by law from joining or organizing a
trade union. The TUC is a large, well-established union
organization whose membership has shown little growth in
recent years. Ghana's trade unions engage in collective
bargaining for wages and benefits with both private and
state-owned enterprises, though in the latter category the
threat of detention (a common practice in the early 1980 's)
hangs over union leaders to force agreement on issues. At the
end of 1989, no union leaders were under detention for
union-related activities. Akwasi Adu-Amankwa, a union leader
detained at the end of 1988 for activities not related to his
union responsibilities, was released and allowed to enter a
training program offered in the Netherlands.
There are no functioning export processing zones in Ghana, and
labor legislation is applied uniformly throughout the country.
c. Prohibition of Forced or Compulsory Labor
Ghanaian law prohibits forced labor, and it is not known to be
practiced. For a number of years, however, the ILO's COE has
urged the Government to revise various legal provisions which
permit imprisonment with an obligation to perform labor for
offenses which are not countenanced under ILO Convention 105,
ratified by Ghana in 1958.
d. Minimum Age for Employment of Children
Labor legislation in Ghana sets a minimum employment age of 15
and prohibits night uork and certain types of hazardous labor
for those under 18. In practice, child labor is prevalent,
and young children of school age can often be found during the
day performing menial tasks in the market or collecting fares
on local buses. Enforcement of minimum age laws is uneven,
especially since local custom and economic circumstances favor
children working to help their families. Violators of
regulations prohibiting heavy labor and night work for
children are occasionelly punished.
e. Acceptable Conditions of Work
Minimum standards for wages and working conditions are
established through a tripartite committee composed of
representatives of government, labor, and employees. It
establishes a minimum wage rate, and other salaries are
adjusted accordingly. Effective January 1987, the minimum
wage was increased 25 percent to $0.50 per working day at
current exchange rates. In early 1988, the TUC called for a
"meaningful" national wage of not less than $4.00 per day.
The current "living wage" — consisting of the actual wage and
customary benefits such as transportation and food
allowances — is about $1.00 per working day; the TUC estimates
the daily living costs of a family of four at $5.00. Thus,
the existing minimum wage is insufficient for a single wage
earner to support a family. In most cases, however,
households are supported by multiple wage earners, some family
farming, and other family-based commercial activities. An
upward adjustment in the living wage may be a major
labor/management issue in 1990. The basic workweek in Ghana
is 40 hours. Occupational safety and health regulations are
in effect, and sanctions are occasionally applied to violators.
146
GUINEA
Guinea has been ruled by the military since 1984. Under
President Lansana Conte, the military governs the country
through the Military Committee for National Recovery (CMRN) and
a joint military and civilian Council of Ministers. The
regime, which came to power following the 24-year reign of
Sekou Toure, suspended the constitution and rules through
ordinances, decrees, and decisions issued by the President and
various ministers.
Military and paramilitary forces number about 17,000 persons
(although accurate figures are difficult to obtain), with the
army alone consisting of some 10,000 officers and soldiers.
The 2,000-man national guard (Gendarmerie Nationale), a police
force, and a well-armed presidential guard provide internal
security. Both the military and police have been involved in
human rights abuses. In particular, abuses by police appear to
have been a motivating factor behind the reorganization of the
security services in 1989, placing the police under the
direction of an army officer.
Eighty percent of Guinea's population of 7 million is dependent
on subsistence agriculture. Per capita annual income is
estimated at barely $300. Mineral resources, mainly bauxite,
diamonds, and gold, are the major exports. Under President
Conte, Guinea's economic reform program is attempting to
diversify the small salaried work force, primarily through the
creation of producers' associations and cooperatives and the
promotion of foreign investment. However, efforts to reduce
the size of the civil service, the largest employer, have left
recent university graduates without jobs in the public sector,
a sinecure under the old regime. Increasing unemployment in
1989 was a source of growing government concern.
The human rights situation has improved markedly since the
Sekou Toure years; however, human rights in Guinea in 1989
remained circumscribed despite frequent government declarations
of an increased dedication to human rights. Major concerns
were the failure of the military Government to control abuses
by often poorly disciplined security forces, including killings
and beatings; the Government's silence on the fate of prisoners
still unaccounted for following a 1985 coup attempt; and the
Government's restrictions on freedoms of speech and press,
assembly and association, and the right of citizens to change
their government through democratic means. Women's rights are
restricted in several important areas. Acknowledging these
concerns, especially those in the political sphere, the
Government has widely publicized the promulgation of a new
constitution, scheduled for December 1990. President Conte
announced that this document would provide for an interim
5-year period of mixed military/civilian stewardship leading to
a multiparty, parliamentary system of government, headed by an
elected president, with strict separation of powers. A
drafting committee of 50 drawn from all sectors of educated
Guinean society, is currently drawing up a new constitution.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of politically motivated killings in
Guinea in 1989. However, in October the police in Labe beat to
147
GUINEA
death a young man who had been arrested on a minor charge.
When a group protesting the incident marched on the police
station and attacked it, the military was called in.
Ultimately soldiers fired into the crowd, killing 6 persons and
injuring 18. A government minister investigated the incident,
and subsequently the Government ordered the arrest of police
officers responsible for the young man's death. At the end of
1989 no formal proceedings had been launched.
b. Disappearance
There were no reports of politically motivated disappearances
in 1989. However, there is still uncertainty about the fate of
a number of military officers, mainly from the Malinke ethnic
group, who disappeared after their arrest following the 1985
coup attempt (see also Section I.e.).
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The military Government continued in 1989 to denounce the human
rights atrocities of the former Toure dictatorship and publicly
seeks to enforce provisions of the 1965 penal code which forbid
torture and abuse of authority. However, mistreatment of
detainees continues; the police and soldiers are widely
perceived by the public as using excess force, frequently
involving severe beatings as in the Labe incident. Amnesty
International's (AI) 1989 report noted that several students,
while in police custody in 1988, had been beaten and subjected
to mock executions.
d. Arbitrary Arrest, Detention, or Exile
A suspected criminal can be detained incommunicado by the
arresting authority during preliminary investigation and has
the right to counsel only after appearing before a judge. Such
detention is limited to 48 hours, or 96 hours if an extension
is granted by a tribunal. A system of bail for those accused
of less serious crimes, as defined by the presiding judge, is
available at the judge's discretion. In practice, despite
presidential admonitions and campaigns in the government -owned
media against corruption and harassment of citizens,
paramilitary elements use arbitrary detention as a means of
extortion. Political detainees, such as those held after the
1985 coup attempt, are often held incommunicado and without
charge for extended periods of time.
The Government has encouraged Guinean expatriates, including
former exiles of the Sekou Toure regime, to return home, but
few have chosen to do so. Significant numbers of Guineans live
in neighboring African countries and in France.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
The Guinean penal code provides for the presumption of
innocence of accused persons, the independence of judges, the
equality of citizens before the law, the right of accused to
counsel, and the right to appeal a judicial decision. The
judiciary includes courts of first instance (for justices of
the peace at the local level) and two Courts of Appeal (one in
Kankan, one in Conakry) . The Court of Annulment is the Guinean
148
GUINEA
court of last appeal. A special Court of State Security was
created in 1985 to try those allegedly involved in the July
coup attempt, but it did not meet in 1989.
According to ordinances issued in 1988, the Military Court
prepares and adjudicates charges against accused military
personnel, but to ensure equality before the law, all judgments
regarding violations under the penal code are rendered by civil
courts. Trials are public. Those accused of major crimes have
the right to an attorney; those accused of less serious crimes
must pay for legal counsel.
There is a traditional system of justice at the village or
urban neighborhood level where litigants present their civil
case before a village chief, neighborhood chief, or council of
wise men for judgment. Justice is not enforced uniformly. For
example, burglars caught in urban areas are sometimes beaten to
death by victims and their neighbors with the tacit approval of
police authorities. Authorities have publicly condemned such
summary justice.
Human rights organizations have continued to criticize the
Government's secretive handling of those tried by the State
Security Court and the Military Court for alleged involvement
either with the former Toure regime or the July 1985 coup
attempt. Much of the information concerning trial procedures
of these Courts was never made available, and the trials were
widely perceived as unfair. Despite presidential amnesties on
December 31, 1987, and on October 2, 1988, which released 106
persons (including 79 military personnel), the fate of many
others remained unknown at the end of 1989. It was widely
believed that many of the announced death sentences had been
summarily carried out shortly after the suspects were arrested
in 1985. Guinean officials have informed diplomatic and
international human rights observers that there are no longer
any political detainees or prisoners held in Guinea, implying
that all those imprisoned for their connection with the 1985
coup have been released.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government stresses traditional family values and the
inviolability of the home. In general, the military Government
is less willing than the previous regime to abuse police
powers, although unwarranted interferences in citizens' lives
continues, mainly through individual police harassment.
Security officials are known to monitor mail and telephone
calls .
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Government has publicly stated that it supports free speech
and press. However, citizens do not generally feel free to
express public criticism of the Government, although criticism
of government officials is heard in private discussions.
The Government owns and operates the news media, and reporters
(who are government employees) practice self-censorship. In
1989 investigative reporting focused on social ills and
unscrupulous commercial practices (a favorite target of
official criticism), but no criticism of the senior levels of
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GUINEA
government or established policies was aired. The Ministry of
Information, Culture and Tourism continues to act both as
administrator and censor of media services.
Publications which incite crime or are contrary to good morals
are prohibited, as are insult, defamation, and libel. Some
groups — operating for the most part abroad — have expressed
criticism in clandestine tracts. Many foreign publications
circulate freely in Guinea, including some critical of the
Government, and no attempt is made to interfere with foreign
radio broadcasts.
b. Freedom of Peaceful Assembly and Association
Public gatherings can take place only with the approval of the
Government. The Guinean penal code bans any meeting which has
an ethnic or racial character or any gathering "whose nature
threatens national unity." Opposition groups are not
permitted. The Government does encourage the formation of
nonpolitical professional organizations, and their numbers
continue to increase.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
Guineans generally enjoy religious freedom and tolerance for
the larger religious groups. Although an estimated 85 percent
of the population is nominally Muslim, there is no official
state religion. The Government observes both major Christian
and Muslim holidays. The Government and the quasi-
governmental National Islamic League (LIN) have spoken out
against the "proliferation of pseudo-sects (within Guinean
Islam) generating confusion and deviation." The President has
declared that the LIN is the only organization with
responsibility for coordinating the observance of Islam in
Guinea. Foreign missionaries, both Catholic and Protestant,
operate freely in Guinea.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government restricts the freedom of movement of individual
citizens for political reasons. For example, the 67 persons
granted amnesty at the end of 1987 were restricted to their
area of origin following their release from prison. That
restriction has gradually been relaxed in many cases and left
to the discretion of local prefects (governors).
Most Guineans, however, are free to move about the country and
to change their place of residence and work, although in
practice they face harassment by police and military
roadblocks, particularly at night. It is common for individual
citizens to pay bribes to avoid police harassment. Foreign
travel, strictly curtailed under Sekou Toure, is now permitted.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens are unable to change their government through
democratic procedures. The military Government suspended the
constitution and banned political parties and formal political
activity when it took power in April 1984. The Government
150
QUUSEA
delayed its previously announced intention to introduce a new
constitution in 1989. Rather, President Conte announced in
October that there would be an interim 5-year period of mixed
military/civilian stewardship leading eventually to a
multiparty, parliamentary system of government, headed by a
president, with strict separation of powers. At the end of
1989, the interim changes in government had not been introduced
or a timetable announced.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Senior government officials received representatives of the
International Committee of the Red Cross concerning
humanitarian issues, including possible prison visits. There
are no local organizations reporting on human rights issues in
Guinea .
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
While racial or ethnic discrimination is prohibited by the
penal code, ethnic identification is still very strong in
Guinea, and mutual suspicion affects relations across ethnic
lines within and outside the Government. Official government
policy is to include representatives of all major ethnic groups
in the Government, but the Soussou ethnic group, to which
President Conte belongs, tends to predominate at the highest,
most influential levels. A disproportionate number of police
are Malinke, former President Toure's ethnic group.
Clandestinely circulated opposition tracts frequently play on
ethnic tensions to stir resentment against the Government. As
noted, many of those that "disappeared" after the 1985 coup
came from the Malinke ethnic group.
In rural Guinea, opportunities for women are limited by custom
and the traditional demands of subsistence farming. The
Government has affirmed the principle of equal pay for equal
work, but in practice women receive less pay than men in most
jobs .
Violence against women, mainly wife beating, is prohibited
under criminal law and is a ground for divorce under civil
law. Police rarely intervene in domestic disputes, and
prosecution of wife beaters is unusual but has occurred.
Health workers in Guinea state that wife beating exists, but
they differ in their opinions on the extent of the problem and
its severity. The issue has not received significant publicity
or government attention.
Female genital mutilation (circumcision) is practiced among all
religious groups in Guinea: Muslims, Christians, and animists.
According to Western health workers, the practice is nearly
universal among Guineans. Grandmothers will frequently see to
the circumcision of a granddaughter even when the parents are
opposed. The most dangerous form of circumcision,
inf ibulation, is not practiced.
151
GUINEA
Section 6 Worker Rights
a. The Right of Association
Guinea's new labor code, drafted with the assistance of the
International Labor Organization (ILO) and promulgated in
January 1988, states that all workers have the right to create
and participate in organizations that defend and develop their
individual and collective rights as workers. The code also
provides that workers have the right not to be a member of such
organizations. Further, it stipulates that a union must be
independent of political parties to be recognized as
representative of workers. The code requires elected worker
representatives for any enterprise employing 25 salaried
workers. The code also grants salaried workers the right to
strike 10 days after their representative union makes known
their intention to strike.
In practice, most salaried Guineans — many of whom are civil
servants — are affiliated with the country's sole trade union
central, the Guinean National Labor Confederation (CNTG) , which
has close ties to the Government. Private sector workers may
strike only with the permission of the CNTG board, a
requirement which reduces the likelihood of strikes. In March
taxicab drivers in Conakry participated in a 1 to 2 day strike,
protesting police harassment and increased insurance and
gasoline rates. According to reports, police arrested and
detained briefly over 50 rock-throwing drivers. Police held
the strike leader for several days. In the past, the
Government has dealt sternly with wildcat strikers, including
banning those in the public sector from further government
employment. The CNTG is affiliated with the Organization of
African Trade Union Unity.
The ILO Committee of Experts (COE) has commended the Government
for its new labor code but also noted that some question still
remains regarding legislative provisions that provide for the
establishment of compulsory arbitration. In its 1989 report
the COE commended a revision of the code limiting the
Government's power to refer a dispute to compulsory arbitration
to cases involving "essential services" and "national crisis."
However, the COE observed that the statute still permits either
party to invoke compulsory arbitration, a practice that could
limit the right to strike, according to the Committee.
b. The Right to Organize and Bargain Collectively
Under the new code, representative workers' unions or union
groups can organize in the workplace and negotiate with
employers or employer unions. Union delegates are to represent
individual and collective claims and grievances before the
employer. Work rules and work hours established by the
employer are to be developed in consultation with union
delegates. Individual workers threatened with dismissal or
other sanctions have the right to a hearing before the employer
with a union representative present. Employers must give
advance notice of any plan to reduce the size of their work
force for economic reasons.
In practice, CNTG representatives take the lead in labor/
management talks. Collective bargaining has taken place, most
notably in 1986 when the CNTG concluded an agreement with the
mining companies, and again in 1988 when bank employees
collectively bargained for substantially higher salaries.
24-900 O— 90-
152
Labor legislation is applied uniformly throughout the country.
There are no export processing zones.
The above cited COE 1989 report commended the Government for
removing a provision of the law restricting the right to hold
union offices to Guinean nationals.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is not practiced in Guinea, and
article 2 of the labor code specifically forbids it. The COE
has noted the Government's stated intention to revise or repeal
various obsolete laws to bring them into compliance with ILO
conventions on forced labor.
d. Minimum Age for Employment of Children
The minimum age for employment in practice as well as in the
new code is 16 years of age. Apprentices, however, may be as
young as 14 years old. Workers and apprentices below age 18
are not permitted to work at night or more than 12 consecutive
hours or on Sundays. According to the labor code, the Minister
of Labor must maintain a list of occupations in which women and
youth under age 18 may not be employed. Enforcement of these
provisions outside of the modern sector of the economy,
however, tends to be erratic, particularly in rural areas where
children of all ages work on family farms.
e. Acceptable Conditions of Work
The Government has not yet enacted minimum wage legislation,
but the labor code provides for the eventual establishment by
decree of a guaranteed minimum hourly wage. There are also
provisions for overtime and night wage rates which are fixed
percentages of the regular wage. Wages currently paid the
average worker in the public sector are generally not
sufficient to provide a decent standard of living. According
to the code, regular work is not to exceed 10-hour days or
48-hour weeks, with a 40-hour workweek being the norm. The
minimum weekly day of rest must be 24 consecutive hours,
usually on Sunday. Every salaried worker has the right to an
annual paid holiday accumulated at the rate of at least 2.5
workdays per month of service. Several articles of the code
provide for safe working conditions and the continued good
health of workers. These as yet represent the goal rather than
the practice.
153
GUINEA-BISSAU
The Republic of Guinea-Bissau is a one-party state with former
or present military leaders in key positions. General Joao
Bernardo Vieira serves as President of the Council of State
and Head of State, Commander-in-Chief, and General Secretary
of Guinea-Bissau's sole political party, the African Party for
the Independence of Guinea-Bissau and Cape Verde (PAIGC) . In
elections held in June 1989, Vieira, the only candidate, was
elected for a second 5-year term as President. According to
the 1984 Constitution, the National Assembly decides
fundamental questions of internal and external policy, but
effective power and day-to-day decisions rest in the hands of
the President and the Council of State. Although the
President is the most powerful Member of the Council,
decisionmaking is collegial. The party selects all candidates
for office.
The Armed Forces (FARP) are responsible for state security,
both external and internal. FARP leaders are usually members
of the PAIGC and often hold key positions in the Political
Bureau or Central Committee. Security forces are under the
full control of the Government. Persons accused of political
crimes are tried by military tribunals.
Guinea-Bissau remains one of the least developed nations, and
most of the 974,000 population is engaged in subsistence
agriculture. The Government's postindependence efforts to
exercise central control over the economy failed to stimulate
agricultural production and resulted in chronic shortages of
most basic commodities, inefficient state-owned enterprises,
high unemployment, and a weak national currency. Beginning in
late 1986, the Government launched a series of reforms to
promote long-term economic growth by shifting from a state-run
centralized economy to a free-market system. While the
reforms spurred private commercial activity and improved
agricultural production, in 1989 inflation remained high, and
urban residents continued to witness a drop in their standard
of living.
The Government marked the 40th anniversary of the Universal
Declaration of Human Rights by granting amnesty on December
13, 1988, to four prisoners imprisoned for involvement in a
1985 coup plot. However, most human rights remained tightly
restricted. Major human rights problems were abuse of
detainees in security cases, arbitrary arrest, lack of fair
trial, and limits on freedoms of association, speech, and
press, the right of citizens to change their government, and
worker rights.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of premeditated politically motivated
killing. (Also see Section I.e.)
b. Disappearance
There were no known cases of disappearance.
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GUINEA-BISSAU
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits cruel and inhuman punishment.
However, security authorities employ severe interrogation
methods, especially severe beatings. Amnesty International
(AI) stressed in its 1989 Report (covering 1988) that it
continued to receive allegations of the use of torture in
security cases and deaths in custody due to mistreatment,
noting in particular the detention center ("COP-2") in
Bissau. AI asked the Government in 1987 to establish an
independent commission of inquiry into these and other
allegations, but the Government never responded.
d. Arbitrary Arrest, Detention, or Exile
Arrests in Guinea-Bissau are frequently arbitrary, as arrest
procedures are undefined, and the use of arrest warrants is
the exception rather than the rule. The legal system,
inherited from the Portuguese but modified by the
Constitution, includes important procedural rights, such as
the right to counsel and the right to a judicial determination
of the legality of detention (habeas corpus). Bail procedures
are observed erratically.
The Government has held persons without charge or trial,
sometimes for extended periods of time, including in
incommunicado detention. The number of political detainees
held at the end of 1989, if any, was unknown. The Government
has the legal right to exile prisoners but has not done so in
recent years.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
Traditional law still prevails in most rural areas, and many
urban dwellers continue to bring judicial disputes to
recognized traditional counselors. Several traditional
counselors from a village in the Farim sector were reportedly
arrested in 1989 for their role in punishing, by death, two
persons accused of witchcraft.
With some exceptions, the official judicial system is based on
the Portuguese model. Intervals between arrest and trial are
often lengthy. All defense lawyers are court appointed, as
private legal practice is prohibited. The judiciary is a part
of the executive branch. Trials involving state security
usually are not open to outside observers and are conducted by
military tribunals. FARP members are tried by military courts
for all offenses. The Supreme Court is the final court of
appeal for both civilian and military cases, except those
involving national security matters. In this instance the
Council of State reviews all decisions.
The number of political prisoners at the end of 1989 was
unknown. However, approximately one-half of those convicted
in treason trials in 1986 have been released upon the
completion of their sentences or upon grants of amnesty. The
remaining prisoners, some of whom have been voluntarily joined
by their families, are confined to islands in the Bijagos
Archipelago. In 1988 the Government released Raphael Barbosa,
cofounder of the PAIGC, from a prison camp on the island of
Formosa .
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GUINEA-BISSAU
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Constitutional guarantees of the inviolability of domicile,
person, and correspondence are not always respected in cases
of serious crimes or state security. International and
domestic mail is subject to surveillance and censorship.
Membership in the PAIGC is not forced, although individuals
with political aspirations realize the importance of belonging
to Guinea-Bissau's sole political party.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of intellectual,
artistic, and scientific expression, with the significant
exception of cases in which these rights are exercised in a
manner "contrary to the promotion of social progress." In
fact, these freedoms are restricted. The Government controls
all information media and views the press as a vehicle of the
party. Journalists are government employees and must practice
self-censorship to maintain their positions. The media are
permitted to criticize and question some policies, although
they may not criticize individual officials.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of assembly and
association, and government approval is not required for
peaceful, nonpolitical assemblies and demonstrations.
However, all existing organizations are linked to the
Government or the party, including the sole labor union, the
National Union of the Workers of Guinea-Bissau.
Antigovernment meetings are not tolerated.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
Religious freedom is provided for in the Constitution and has
been respected in practice. Christians, Muslims, and animists
worship freely, and proselytizing is permitted. However,
religious groups must be licensed by the Government. In 1989
there were no reports of groups being refused licenses.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Citizens are allowed to move freely throughout Guinea-Bissau.
Foreign travel is not restricted, nor is citizenship revoked
for political reasons. Thousands of persons have emigrated
for economic reasons. The return of expatriates is
encouraged, although the death in 1986 of one opposition
member in a car accident during a forced repatriation from
Senegal convinced some government opponents that they would
not be welcomed back to Guinea-Bissau. In May 1989, several
hundred Mauritanian refugees fleeing ethnic violence in
Senegal entered Guinea-Bissau. Most of the refugees were
quickly repatriated to Mauritania, but some remained in
Guinea-Bissau and were integrated into the Mauritanian
community residing in Guinea-Bissau. While sympathetic to the
principle of asylum, Guinea-Bissau does not host significant
numbers of refugees.
156
GUINEA-BISSAU
Section 3 Respect for Political Rights: The Right o£ Citizens
to Change Their Government
Citizens do not have the right or the ability peacefully and
legally to change the government or the form of government.
Guinea-Bissau is led by the PAIGC Party and military elite,
headed by President Joao Bernardo Vieira. By the terms of the
1984 Constitution, all political activity takes place within
the party/state structure. The 1989 electoral slates for the
National Popular Assembly at the district, regional, and
national levels were party-approved lists, although not all
candidates were members of the PAIGC. Affirmative or negative
votes on the proposed slates were cast by secret ballot. The
President, members of the Council of State, and deputies of
the National Popular Assembly are elected to 5-year terms.
There are provisions for constitutional amendments and
national referendums initiated by the National Popular
Assembly, but the Assembly has never taken such initiatives,
and it meets infrequently. No single ethnic group dominates
party/government positions, but Papel and Creole (mixed-race)
groups, predominantly located in and around the capital of
Bissau, are disproportionately represented in the Government.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Although international human rights groups have visited
Guinea-Bissau, these visits have been tightly controlled. An
AI mission held discussions in June 1986 with President Vieira
and other key officials and attended one session of the
treason trial. However, the Government has not responded to
AI ' s 1987 request that an independent commission examine
various human rights issues. There are no local human rights
groups in Guinea-Bissau.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The population of Guinea-Bissau is composed of diverse tribal
groups, each with its own language, customs, and social
organization. The Balanta, Fula, Mandinka, Manjaco, and Papel
are important groups. Creoles enjoy an advantageous position
within the society due to their generally higher level of
education and their links abroad. Although the President and
other influential leaders regularly urge the nation to
overcome ethnic differences, the economic dominance of Creoles
(and to a lesser extent Mandinkas and Fulas) has created
resentment among other ethnic communities. Most of the
defendants in the 1986 coup trial were members of the Balanta,
the largest ethnic group (30 percent) .
While officially prohibited, discrimination against women
persists within certain ethnic groups, especially the Muslim
Fulas and Mandinkas of the north and east. The practice of
female circumcision is still widespread among these groups
despite official prohibition and educational campaigns against
this custom. Women enjoy higher status in the societies of
the Balanta, Papel, and Bijagos groups living mainly in the
southern coastal region. Physical violence as a means of
settling domestic disputes occurs among all ethnic groups.
While police will intervene in domestic disputes if requested,
the Government has not undertaken specific measures to raise
the public consciousness of women or to reduce violence
against them.
157
GUINEA-BISSAU
Section 6 Worker Rights
a. The Right of Association
Approximately one-half of the population of Guinea-Bissau is
of working age. While the Constitution provides for freedom
of association, only one labor union, the National Union of
the Workers of Guinea-Bissau (UNTG) , exists in Guinea-Bissau.
With strong ties to the PAIGC, the UNTG more closely resembles
a mass party organization than an independent union. The UNTG
is neither aggressive nor effective in promoting worker
rights. While not specifically forbidden, strikes do not
occur. Since the Government's use of force to disperse
students attempting to strike in 1981, the public's perception
has been that strikes, like antigovernment meetings, would not
be tolerated. The UNTG is affiliated with the
Communist-controlled World Federation of Trade Unions and is a
member of the Organization of African Trade Union Unity.
b. The Right to Organize and Bargain Collectively
Of the estimated 28,000 salaried workers in the country,
approximately 50 percent are employees of the Government.
Guinea-Bissau's small manufacturing sector employs fewer than
5,000 persons. The scarcity of salaried jobs has forced
employees to focus on obtaining and keeping employment rather
than on organizing and bargaining. Public employees are
permitted to join the UNTG, but the union's activities have
not emphasized organizing employees (whether private or
public) for the purpose of collective bargaining. The
Constitution does not provide and protect the right to
organize and bargain collectively, but the General Labor Law
of 1986 contains limited provisions addressing collective
bargaining. In practice, from the worker's perspective, the
right is neither protected nor practiced.
While expressing satisfaction with various provisions of the
1986 labor law, the International Labor Organization (ILO)
Committee of Experts noted in both 1987 abd 1988 that the
Government's provision for the protection of workers against
antiunion discrimination does not appear to be accompanied by
penal sanctions against employers and that the General Labor
Act is not applicable to workers in the public service. The
Committee pointed out that public servants who are not engaged
in the administration of the State should be able to enjoy the
right of collective bargaining. There are no export
processing zones in Guinea-Bissau, and labor laws are
applicable throughout the country.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is not permitted by law and is not
known to exist. There are no penal sanctions for offenders,
however, and the Government lacks the means to provide
adequate labor inspections.
d. Minimum Age for Employment of Children
The General Labor Act of 1986 established a minimum age of 14
for general factory labor and of 18 for heavy or dangerous
labor, including all labor in mines. In an overwhelmingly
rural and agricultural society, the traditional division of
labor practices both between sexes and age groups continues to
prevail. Children in rural communities do domestic and field
work for no pay. The Government does not attempt to
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GUINEA-BISSAU
discourage this practice and, in fact, delays the opening of
schools until the rice season has ended.
e. Acceptable Conditions of Work
Even in the small wage sector, labor laws are unevenly-
enforced due primarily to the extreme economic
underdevelopment of the country and the vagaries of the legal
system. However, there are government regulations governing
such matters as job-related disabilities and vacation rights.
The maximum number of hours permitted in a normal workweek is
45 hours. Although not consistently enforced, a minimum wage
of approximately $13 a month is mandated by the Ministry of
Civil Service. The wage is inadequate to maintain even a
minimum standard of living, and workers must supplement their
income through reliance on the extended family and subsistence
agriculture. Existing legal, health, and safety standards for
workers are not enforced in a uniform and comprehensive manner.
159
KENYA
Kenya has had an elected civilian government since
independence in 1963. It has been a de facto one-party state
almost since independence and a de jure one-party state since
1982. President Daniel T. arap Moi maintains firm control
over both the Government and the party, the Kenyan African
National Union (KANU) . KANU membership is a prerequisite for
participation in national political affairs. The popularly
elected National Assembly (unicameral Parliament) of 202
members (including 12 appointed by the President and 2 ex
officio members) has little independent power in national
political affairs, but it is usually involved in local and
regional issues or in affirming the President's initiatives.
The Kenyan armed forces constitute a small professional
establishment with a total strength of 22,500 members. Kenya
has an internal security apparatus that includes the police
criminal investigation department (CID) , the paramilitary
general services unit (GSU) , and the directorate of security
and intelligence (DSI or Special Branch). The CID and Special
Branch investigate criminal activity and are also used to
monitor persons whom the State considers subversive.
Kenya's modern, market-oriented economy includes a
well-developed private sector for trade and light
manufacturing as well as an agricultural sector that provides
food for local consumption and substantial exports of coffee,
tea, and other commodities. Kenya's well-developed tourism
industry has surpassed coffee and tea as the top foreign
exchange earner. In 1989 a continued decline in world coffee
prices exacerbated a balance of payments problem. Although
economic growth continued, a persistently high population
growth rate contributed to a serious and growing problem of
unemployment. Kenyans are free to engage in private economic
activity and own property without government interference.
Human rights continue to be significantly restricted in Kenya,
and in 1989 there was further erosion in the respect for civil
liberties and political rights. With forced deportations, the
environment for refugees worsened in 1989. By-elections were
marked by government interference in support of particular
candidates and, in some cases, violence. In addition, the
Government banned two magazines, and Parliament barred the
largest English-language daily from covering legislative
affairs for a 4-month period. A number of persons were
charged with behaving "in a manner likely to cause a breach of
the peace," often in connection with making statements
critical of the Government or of political figures. There
were new charges of police brutality and also growing signs of
executive manipulation of the judicial system. In early June,
the Government released the seven political detainees held
under the Preservation of Public Security Act which allows
indefinite detention without charge or trial in national
security cases. Eight persons were publicly tried and
convicted on security charges (9 in 1988, and 39 in 1987).
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no political killings in 1989. However, deaths of
suspects in police custody in suspicious circumstances
160
KENYA
continued to occur, including the death of former Nairobi
student leader Titus Adungosi. The press reported that
Adungosi died in Kenyatta hospital of a stomach ailment while
serving a 10-year jail term for his complicity in the 1982
coup attempt.
Several deaths of prisoners held on other than security
charges occurred during 1989. The Government generally
conducts inquests into deaths in custody, though inquest
results are not often made public. In February four of the
five CID officers charged in connection with the 1988 death in
Mombasa police custody of Zairian musician Taabu Kotela
Kiombwe were found guilty of manslaughter and sentenced to 5
years each. In September the State agreed to pay Kiombwe *s
family damages in an out-of-court settlement.
By the end of 1989, no officials had been held responsible for
the 1986-87 deaths in custody of two persons allegedly
involved in the underground movement Mwakenya.
Human rights activists have also commented that over the past
several years numerous suspects have been fatally shot by the
police, allegedly while fleeing.
b. Disappearance
There were no reports of politically related disappearances in
1989.
c. Torture and Other Cruel, Inhuman, and Degrading
Treatment or Punishment
Torture is proscribed under the Kenyan Constitution. However,
torture and police brutality remained an important issue in
1989. While in 1989 there were markedly fewer public
allegations of torture and abuse by persons held on
political/security charges than in recent years, a number of
Kenyans told the press they were physically abused by the
police. Professor Maina wa Kinyatti, who was released from
jail in 1988, told the U.S. press after fleeing Kenya that
"people are still being put in water while in detention," (see
Section l.d.). President Moi and senior government officials
publicly condemned police brutality and torture, and some
police officials were convicted of human rights abuses in 1989.
Prison conditions in Kenya are poor and sometimes dangerous to
life and health. Detainees and prisoners have complained of
beatings, poor food, corruption, and inadequate facilities and
medical care. Prisoners often must sleep on cement floors.
Overcrowding persisted in 1989 and contributed to the rapid
spread of meningitis among prisoners. In August the director
of medical services said at least 20 inmates at Kodiaga
maximum security prison and 12 inmates at Bungoma prison died
of meningitis. The Government later provided inoculations for
prisoners. In a directive aimed at reducing prison
overpopulation. President Moi released 10,274 petty criminals
in October on the 11th anniversary of his presidency.
The Preservation of Public Security Act (PPSA) allows for
solitary confinement in security-related cases, with no
contact with family or legal counsel, although in some cases
lawyers and families have been permitted to visit detainees.
Correspondence with prisoners is monitored and occasionally
not delivered. Prisoners held on other than security grounds
are allowed one brief visit per month by family members.
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KENYA
Prison or security officers are usually present during visits
by family members or lawyers.
d. Arbitrary Arrest, Detention, or Exile
The Constitution provides that most arrested or detained
persons shall be brought before a court "as soon as is
reasonably practicable," and that if such person is not
brought within 24 hours of his arrest or from the commencement
of his detention the burden of explanation is on the
authorities. The Constitution was amended in 1988 to allow
the police to hold people suspected of capital offenses for 14
days before being brought before a court. Capital offenses
include such crimes as murder and treason. In practice,
suspects of all types are often held incommunicado for long
periods before being brought before a court.
Kenya's PPSA allows the State to detain a person indefinitely
without charges or trial. A formal detention order must be
signed and publicly gazetted. There is no judicial review of
the legality of detention. Detention cases are reviewed by a
board appointed by the President which meets in camera every 6
months, but the Government is not bound by this board's
recommendations. In 1989 there were no new detentions under
this Act, and in June President Moi released all seven
detainees previously held.
In other cases, the number of which is difficult to gauge,
people were held in police custody and questioned without
being charged or officially detained under any specific
authority. For example, in 1989 a former Member of Parliament
was picked up by Nairobi police and questioned for 1 day. He
was not charged or detained. Observers estimate that there
are from four to eight people being held by Nairobi police in
this fashion at any given time — some held for hours, some for
days or even weeks.
Traditionally, neither exile nor threat of exile has been used
by the Government as a means of intimidation or punishment.
In June, however, Nairobi businessman Idris Osman, an ethnic
Somali, was deported to Ethiopia for alleged activities
incompatible with national interests and state security.
Although Osman held a Kenyan passport, Kenyan authorities
claimed his passport had been issued in an illegal manner.
Osman was deported despite a court order to airport and
immigration officials enjoining such action. In December two
other ethnic Somalis were deported under similar circumstances.
A number of Kenyan dissidents have resorted to self-exile. In
most cases, the exiles have not been formally charged with
crimes. In April, fearing rearrest, historian and former
university lecturer Maina v;a Kinyatti fled to Tanzania and
eventually emigrated to the United States. Kinyatti, who
reported being beaten and otherwise mistreated in prison, had
completed a 6-year jail term in October 1988 for possession of
an allegedly seditious document. In June President Moi
publicly announced a general amnesty and pardon to Kenyan
dissidents abroad who were willing to return home. Two such
exiles returned in 1989.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of fair Public Trial
Kenya's legal system, as defined in the Judicature Act of
1967, is based on the Kenyan Constitution, laws passed by
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Parliament, and conunon law or court precedent. Customary law
is used as a guide in civil matters affecting people of the
same ethnic group so long as it does not conflict with
statutory law. Kenya does not have the jury system. The
court system consists of a Court of Appeals, a High Court, and
two levels of magistrates' courts where most criminal and
civil cases originate. Civilians are tried in civilian
courts, and verdicts may be appealed to the Kenyan High Court
and ultimately to the Court of Appeal. Kenyans do not have a
right to legal counsel except in certain capital cases. Most
persons tried for capital offenses are provided counsel free
of charge if they cannot afford it. Military personnel are
tried by military courts, and verdicts may be appealed.
Attorneys for military personnel are appointed on a case by
case basis by the Chief Justice.
The President appoints the Chief Justice and appoints High
Court judges with the advice of the judicial service
commission. The President also appoints the Attorney
General. His power over the judicial system has steadily
increased through constitutional amendments adopted in 1986
and 1988, one of which gave the Government greater control
over the firing of judges. Among other things, these changes
give the President authority to fire the Attorney General, the
Auditor General, and High Court judges. Many observers in
Kenya and abroad have described these amendments as
undermining the independence of the judiciary.
The constitutional right to a fair public trial has been
circumscribed in many instances, notably in political/security
cases such as those involving alleged Mwakenya or Kenya
Patriotic Front (KPF) members. In cases involving the PPSA,
the courts have upheld the constitutionality of properly
executed actions taken under the authority of that Act but
have limited themselves to ensuring compliance with procedural
provisions. In cases without political implications the right
to a fair public trial is normally observed, although long
delays and postponements are common.
In 1989 there were 8 public convictions involving security
charges. In the first public prosecution in 1989 involving
membership in a subversive organization (in this case, the
KPF), Zachary Kariuki Paul Mwati admitted in court to three
charges of spying on Kenyan military installations, receiving
money from self-exile Koigi wa Wamwere, and sending seditious
documents to the British Broadcasting Corporation (BBC) .
Mwati was held incommunicado before appearing in court. As in
most security-related trials of previous years, his conviction
was based on his "confession" that he was a KPF member.
Unrepresented, Mwati was sentenced to 4 years.
In March Joseph Andrew Kibagendi and James Ondari Omariba were
given 9 months each after being tried and convicted of
possession of a subversive document. Both men had legal
representation. Also, in March Daniel John Mwangi Theuri was
jailed for 20 months on his confession in court that he joined
the KPF. He was unrepresented.
In October Dixon Jowe Alieth, unrepresented by legal counsel,
was sentenced to 6 years in jail for possessing seditious
publications. Also in October, prison warden Wilson Awuor
Angonga was jailed for 4 1/2 years for membership in the
underground movement Mwakenya. Angonga, who also was not
represented by a lawyer, was held incommunicado for
approximately 4 weeks before he pled guilty.
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In November former primary school teacher Benjamin Andayi
Muhehe was sentenced to 12 months in jail after confessing to
a charge of leaving Kenya illegally to obtain military
training from a clandestine movement. Muhehe was held
incommunicado for more than a month. He, too, apparently was
not represented by a lawyer. Also in November, former
community development officer Stephen Mulili Kituu pled guilty
and was sentenced to 4 years for membership in Mwakenya.
Kituu, who had been held for 1 month before being sentenced,
was apparently not represented by legal counsel.
The draft version of the advocates bill which went before
Parliament in December contained no requirement that lawyers
obtain licenses. The Law Society of Kenya had argued
vigorously against the 1988 Government proposal that lawyers
be licensed. However, in December, the Kenyan press reported
that KANU planned to affiliate the Law Society to the ruling
party. The Law Society objected strongly to the proposed
affiliation, and President Moi later said that KANU had no
plans to merge the two organizations.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Searches without warrants are allowed under the Constitution
in certain instances "to promote the public benefit,"
including security cases. Security officials also conduct
searches without warrants to apprehend suspected criminals or
to seize property suspected to be stolen. Homes of suspected
dissidents have been searched without warrants, as have the
residences of foreign missionaries. Security forces
reportedly employ a variety of surveillance techniques,
including electronic surveillance and a network of informers.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although the Constitution provides for freedom of speech and
press, the exercise of these rights is restricted. No
criticism of the President is tolerated in any form. Kenya's
sedition laws have been criticized in Kenya and abroad for
failing to distinguish between violent and nonviolent
opposition to the Government. The threat of detentions and
prosecutions have been used to restrict freedom of speech and
press. For example, in April three Standard newspaper
reporters were picked up by police on separate occasions in
and around Embu, in apparent response to their coverage of a
political controversy involving KANU and a local bishop.
In 1989 there was an increasing pattern of arrests on charges
of behaving in a manner "likely to cause a breach of the
peace," often in connection with statements critical of the
Government or government officials. For example, in June a
man was jailed for 6 months for shouting in a bar that the
Government had failed to assist two self-exiles. In September
a high school business teacher was jailed for 3 months for
saying that the head of the civil service should "drop dead"
as he was misadvising the President.
Parliament rarely debates national issues such as foreign
policy. Government and KANU action against outspoken
politicians, clergymen, and lawyers, as well as the detention
provisions of the PPSA and the 1988 amendment, discourage
public exchange of views on political topics the Government
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considers sensitive. Sharp government criticism of churchmen
who opposed government policies continued in 1989 (see Section
2.C.). At the end of the year, the leader of the Green Belt
movement was heavily criticized by politicians and government
officials for her criticism of the plan to construct a
60-story building on open space in central Nairobi. The
movement was evicted from its government-owned headquarters on
1 day's notice (see also Section 5).
The single television and all radio stations are owned and
controlled by the Government. In June after the Daily Nation
newspaper was barred by Parliament from covering house
proceedings, the Voice of Kenya Press Review program dropped
its coverage of Nation news stories, allegedly on State House
instructions, for the 4-month period the Nation was barred.
Previously the Press Review program had highlighted main
articles in all three English-language dailies.
Privately owned newspapers and journals are published in
Kenya, and newspapers, magazines, and books from abroad are
readily available. There is no systematic censorship of the
press, although the press practices self-censorship and
confines its commentary within usually understood but legally
undefined limits. The press criticizes some government
policies and occasionally government officials but never the
President .
At times the Government intervenes to tell editors how to
handle sensitive stories. As former Assistant Minister in the
now-defunct Ministry of National Guidance and Political
Affairs Shariff Nassir commented, "although there is press
freedom in Kenya, editors should not be left to write whatever
they want." In December 1988, Financial Review editor Peter
Kareithi was picked up from his office by plainclothes police,
locked up for several hours, questioned, and then released.
Later, in April 1989, this popular weekly news/economics
publication was banned after it published controversial
articles on the Government's economic policies. Financial
Review Limited, publishers of the magazine, were also
proscribed from publishing under any other trade name.
In August the Government banned another magazine--the Nairobi
monthly Development Agenda. The magazine, only two issues
old, focused on the economy and current events. Unlike the
negative publicity which preceded the banning of the Financial
Review, the banning of Development Agenda occurred with no
warning; no Kenyan, official or private, had publicly
criticized the publication prior to its banning, and the
Government made no effort to explain the banning or offer any
justification for it.
The most salient example of curbs on press freedom occurred in
June when Parliament barred for 4 months the largest-
circulation English newspaper, Daily Nation, from covering
proceedings of the National Assembly. Parliamentary
criticism, which appeared to be well-coordinated, echoed
criticisms which had been made by the President several weeks
earlier. Members of Parliament (all of whom belong to KANU)
debated accusations against the paper's owners and editors,
including biased, inaccurcte, and critical reporting; foreign
ownership (with a subtheme of encouraging foreign reporting
against Kenya's interests) and an unduly high percentage of
ethnic Kikuyu management.
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In August, after a year of court delays, the Government
conceded the appeal of Bedan Mbugua, former editor-in-chief of
the proscribed Christian magazine Beyond (banned last year) .
Mbugua had been charged and convicted of failure to file
annual financial returns. However, it was widely believed
that the real reason for the banning was his publication of an
article criticizing queue voting and KANU's conduct during the
1988 elections. Mbugua had served 14 days of his 9-month
sentence before being released on bail pending appeal. The
judicial procedure followed in Mbugua 's case was highly
irregular. Rather than make a determination on the merits of
the appeal, the deputy public prosecutor requested that the
court set aside the conviction and sentence. Beyond magazine
remained banned at the end of the 1989.
More than 100 foreign journalists representing Western news
organizations are based in Kenya. In 1989 the Government
continued to criticize the foreign press for its coverage of
Kenyan issues. Local reporters increasingly came under attack
as well.
While there are no legal restrictions on academic freedom,
there are a number of de facto ones. The Government has
employed students and professors to monitor classroom
exchanges. Past detentions and trials of students and
professors for alleged seditious activities have inhibited
academic inquiry that might be construed as critical of the
Government .
b. Freedom of Peaceful Assembly and Association
Freedom of assembly, while provided for in the Constitution,
is seriously limited by the Public Order and Police Act, which
gives authorities power to control public gatherings, defined
as meetings of three or more persons. It is illegal to
convene an unlicensed meeting, and politicians have been
arrested for violations of this Act. Although licenses to
hold public meetings are rarely denied, Bishop David Gitari
had difficulty obtaining permits to conduct fundraising
meetings for his church. Bishop Okullu was roundly criticized
by the Government for supporting the right of students to
protest peacefully.
Freedom of association is governed by the Societies Act which
states that every association must be registered or exempted
from registration by the registrar of societies. Some groups
have had difficulty obtaining registration or have been
deregistered. With the exception of civil servants, who are
required to join KANU, Kenyans are not legally bound to join
any political organization. Although the party and the
Government emphasize that it is voluntary, KANU party
membership is a prerequisite for voting and holding public
office. No other political party is permitted.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
Kenya has no state religion. Freedom of worship is
acknowledged in the Constitution and generally allowed.
Foreign missionaries of many denominations are permitted to
work in Kenya, though on occasion the President and other
officials have publicly questioned the motives of certain
missionaries and accused them of interfering in politics.
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Four American missionaries were deported in 1989. The four
were affiliated with Associated Christian Churches of Kenya
(ACCK) , a U.S. -based missionary group which was deregistered
in 1988. The Government maintained that the four missionaries
were working in Kenya illegally.
Churches new to Kenya must obtain government approval to be
registered. The Church of Jesus Christ of Latter-Day Saints
has tried without success for 8 years to obtain registration.
In 1987 the Jehovah's Witnesses were deregistered but
continued to hold services under a stay order from the High
Court .
There is no religious requirement for voting or holding
office. Clergymen in Kenya have spoken out on political as
well as religious issues from their pulpits. In 1989 senior
officials sharply criticized certain clergymen, including
Anglican bishops Alexander Muge, Henry Okullu, David Gitari,
and Presbyterian Church of East Africa Reverend Timothy Njoya
for making political statements. In April, 30 armed thugs
raided Bishop Gitari 's home, and KANU youths disrupted a
sermon given by the prelate. The attacks came after Gitari
referred in a sermon to the blatant rigging of the February
elections in Kiharu district. The results of a State
House-commissioned police inquiry into the attack on Gitari 's
house, which allegedly found that the raid was organized by a
local government official, were not made public. In August
Reverend Timothy Njoya was summoned to appear before the Nyeri
District security committee and questioned for nearly 4 hours.
d. Freedom of Movement within the Country, Foreign
Travel, Emigration, and Repatriation
Although most Kenyans can travel freely within the country,
the Government has in the past used the PPSA to limit the
movement of persons deemed to be dangerous to the public
security. Persons traveling by road to sections of
Northeastern Province are required, due to the prevalence of
highway banditry in the area, to travel in convoys headed by
Kenyan police.
Kenya does not generally prohibit emigration of its citizens
but on occasion does prevent travel abroad, usually by critics
of the Government. In particular, it sometimes refuses to
return passports or issue new ones to people detained under
the PPSA for some time after they are released. The
Government does not regard the issuance of passports to
citizens as a right and reserves the authority to issue or
deny passports at its discretion. In 1989 lawyers Gibson
Kamau Kuria and Paul Muite were still unable to obtain their
passports. Kuria, who had been jailed for 9 months in
previous years after defending three political detainees, has
been forbidden to leave Kenya since his arrest 2 years ago
(see Section 4 ) .
During 1989 there was no known instance in which citizenship
was revoked for political reasons. In the case of Idris
Osman, an ethnic Somali, the Government alleged that he had
obtained his Kenyan passport by illegal means (see Section
l.d.). In December two additional ethnic Somali businessmen
were deported under similar circumstances.
In 1989 Kenya continued to accept some refugees for permanent
resettlement, though its acceptance rate dropped from 90
percent in 1988 to under 10 percent in the first half of 1989,
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subsequently increasing to 50 percent for the rest of 1989.
In 1989 the Kenyan Government stopped accepting virtually all
Ugandans for permanent resettlement. On April 5, Kenyan
officials entered a refugee camp outside Nairobi, rounded up
238 Ugandan refugees, and forcibly returned them to Uganda.
Although the United Nations High Commissioner for Refugees
(UNHCR) protested the deportations, the Kenyan Government
publicly maintained that the refugees had volunteered to
return to Uganda.
In September an estimated 3,000 Somalis fled into northeastern
Kenya near the town of Liboi to escape fighting around the
Somali border town of Doble. In late September, 60 Somali
refugees were involuntarily returned to Somalia. During this
time the Government refused to permit the UNHCR and the Kenyan
Red Cross to travel or provide food to the Liboi area. In
November the Government reversed its decision and decided to
permit the UNHCR and the Red Cross to travel to the area. By
the end of the year unfavorable weather conditions, an
impassable road, and a flooded airstrip prevented UNHCR travel
to the border.
In an effort to control the refugee presence (around 12,000),
the Government initiated a series of procedures which confined
mandated refugees (i.e., refugees not accepted by Kenya and
awaiting resettlement to a third country) to the Thika refugee
camp. The Government also started limiting refugee cards to 2
years' duration rather than giving refugees indefinite or
permanent resettlement.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens cannot change the system of government in Kenya or
replace the party in power through the electoral process. The
Constitution prohibits formation of any political party other
than KANU, and President Moi and a small group of advisers
control all major policy decisions within the Government and
the party. Since 1964, when Kenya adopted a presidential
system, the party's candidate for President has been
unopposed. President Moi was reelected in 1988 to a third
5-year term. Numerous candidates compete in party and
parliamentary elections — also held every 5 years — but all
candidates must be KANU members, and the national party
headquarters has exclusive authority to approve candidates for
political office.
In 1988 KANU adopted a controversial queuing system for
electing KANU nominees. It requires voters to line up in
public behind photographs of the candidates. Only those
voters who have KANU membership cards are permitted to
participate in the nomination process. KANU members comprise
at most 50 percent of the voting age population. Candidates
who receive 70 percent of the vote in the queuing stage are
automatically elected without having to contest the
second-stage secret ballot election. In the 1988 elections,
one-third of the candidates were elected in this manner.
The public nature of the queuing process continues to raise
obvious questions about voter intimidation. In the 1988
elections none of the candidates known to be critical of
government/party policies was elected. Allegations regarding
the abuse of secret ballots continue as well. There were 24
petitions filed contesting the results of the 1988 races. The
High Court did not begin hearing the petitions until 1 year
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after the elections: 10 were withdrawn by the petitioners, 11
were dismissed by the High Court on technical grounds, and 3
were won by the petitioners.
KANU party branches, which often take their cues from State
House, have the power to suspend or expel members from the
party. There are no clear guidelines for activities requiring
disciplinary action. Thus party officials wield significant
power and can remove their political opponents from the
party. Since party membership is required to hold public
office, expulsion from KANU signifies political death, at
least for the short term. Expelled officials may eventually
be allowed back into the party but then are expected to adhere
to party policies.
In an extensive June 1989 KANU purge, 14 party members,
including former Vice-President Josephat Karanja, several
former cabinet ministers and 4 sitting Members of Parliament
were expelled from the party, thereby precluding their
participation in Kenyan politics. By-elections were held to
fill six vacant parliamentary seats. In two constituencies,
the voting was marred by violence and allegations of polling
irregularities. In two others, it was characterized by voter
apathy and extremely low turnouts.
The February by-election in Kiharu (necessitated by a
resignation from Parliament in December) was perceived by many
Kenyans as the most blatantly unfair of recent political
contests. In that by-election G.M.K. Mweru was declared the
winner (over Julius Kiano) with over 70 percent of the queue
vote in the party election, although the press reported
credible accounts which indicated that Mweru actually polled
no more than 800 votes to Kiano's approximately 9,500. (Kiano
was later named to head the Kenya Broadcasting Corporation.)
Local KANU officials who spoke out against the election
results later recanted after being threatened with expulsion
from the party. Despite protests by local KANU party and
church officials and petitions circulated among voters, the
results in this election were sustained.
The Sabatia seat left open by Moses Mudavadi's death was
filled by Mudavadi's son, Musalia Mudavadi, without an
election. KANU party officials exhorted voters to elect the
young Mudavadi unopposed. The candidates who had voiced an
interest in the seat backed out of the race, thereby paving
the way for Mudavadi to take the seat without a contest.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government reacts negatively to criticism of its human
rights record and discourages Kenyans from providing outside
human rights groups with information. President Moi has
publicly attacked Amnesty International and other groups for
"meddling" in Kenya's internal affairs.
In December 1988, two American lawyers from the Lav/yers
Committee on Human Rights sought and obtained high level
appointments with government officials to discuss human rights
concerns. In March a delegation from the Robert F. Kennedy
Memorial Center visited Kenya to present lawyer Gibson Kamau
Kuria with the RFK human rights award. The group met with
President Moi and other high-ranking government officials and
was able to move about freely in Kenya to speak to human
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rights advocates. Although the presentation of the award was
freely conducted before a large audience, the press conference
given by Kerry Kennedy on their last day provoked a series of
virulent anti-Kennedy parliamentary speeches and a week-long
anti-Kennedy press campaign.
Several Kenyan organizations, such as the Law Society of Kenya
and churches, address issues related to human rights, but none
focuses exclusively on human rights concerns. Kenya has not
ratified the Organization of African Unity's Human and
People's Rights Charter, adopted in 1981 in Nairobi.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Kenya is a diverse country that does not mandate legal
discrimination on the basis of race, sex, religion, language
or social status. However, in November the Government
required all Kenyans of ethnic Somali origin to go through a
screening program designed to weed out illegal Somali aliens,
who, because the international border traverses areas
traditionally inhabited by ethnic Somalis, are
indistinguishable from Kenyan nationals of Somali origin. The
Government stated the screening was triggered in part by
security-related incidents (game park poaching and attacks on
tourists) in areas accessible from Somalia. As part of this
campaign the Government required Kenyan ethnic Somalis to
carry an additional form of identification stating that they
have proven themselves to be Kenyan citizens. They are the
only ethnic group in Kenya required to do so. Some ethnic
Somalis have refused to participate as a matter of principle.
The clergy, the Law Society of Kenya, and members of the
ethnic Kenyan Somali community criticized the screening
process as discriminatory and illegal.
Members of all ethnic groups may run for office, and ethnic
representation at the minister and assistant minister level is
broad. Twelve of Kenya's ethnic groups are represented in the
Cabinet. Members of 18 indigenous ethnic groups and 1
Caucasian hold positions at the assistant minister level.
The Asian community, numbering about 65,000, accounts for a
disproportionate share of the nation's economic wealth and
output. The Government's policy of Africanization of the
economy has resulted in some Asian emigration. Kenya amended
its citizenship law in 1984, depriving some Asians and
Europeans of citizenship. Under present law, persons born in
Kenya of non-Kenyan parents can no longer claim citizenship.
There is no legal discrimination against women, but
traditional culture and attitudes have long prescribed limited
roles for women. For example, in responding to criticism of
the Government by an environmental group (led by a female
professor) President Moi in December stated that the African
tradition is for women to respect men. Women may own property
and businesses. Women's roles are particularly restricted in
rural areas where they account for 75 percent of the total
agricultural work force.
Polygamy is not legal for people married under the Christian
Marriage Act, but it is permitted for those who marry under
African customary law. Kenya's law of succession, which
governs inheritance rights, provides for equal treatment of
male and female children (in contrast to much customary law
which favors the eldest male children) .
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Violence agains women, especially wife beating, has emerged in
Kenya as a fairly widespread and growing problem, according to
many doctors. While there are legal remedies, police and
judicial authorities are sometimes reluctant to intervene or
prosecute husbands who physically abuse their wives. The
Government has done little to address this issue beyond
general support to women's organizations. In the case of
female circumcision, which is still practiced by some Kenyan
ethnic groups and is not illegal, the Government officially
discourages the practice but leaves it to women's groups to
actively oppose female circumcision through health education
programs. In December President Moi publicly asked Kenyan
communities which still circumcise women to stop the
practice. Moi called female circumcision "outdated" and said
it was "unacceptable in modern Kenya."
Section 6 Worker Rights
a. The Right of Association
Civil servants, who comprise 21 percent of total wage earners
(and 41 percent of public sector wage earners) in Kenya, have
been barred from forming or joining unions since President Moi
deregistered their union in the early 1980's. Moreover, since
1985 all civil servants have been required to be members of
the ruling party, KANU. Other workers are, by law, free to
form and join unions but, except for the Kenya National Union
of Teachers (KNUT) , all unions must belong to the single trade
union confederation. The Central Organization of Trade Unions
(COTU) . KNUT is a separate organization that maintains
"fraternal" relations with COTU. During 1989 the Government
considered affiliating COTU to the ruling KANU party. In May
1989 the Government decided that COTU and KANU should
"cooperate" rather than be affiliated. The Government, COTU,
and KANU agreed that there should be no interference by the
party in the collective bargaining process.
The Committee on Freedom of Association (CFA) of the
International Labor Organization (ILO) has discussed the ban
on civil service trade unions for the last several years. In
early 1989 the CFA expressed concern at the length of time the
Government was taking to follow through on the implementation
of "measures to permit the establishment of organizations
through which the Kenyan civil servants will be able to pursue
normal trade union activities" and asked for an update on the
plans originally promised in 1987.
The Government and KANU exercise considerable influence over
COTU and through COTU the entire trade union movement. The
President has the right to appoint or remove union leaders in
COTU for the positions of the Secretary General, the Deputy
Secretary General, and the Assistant Secretary General, though
it should be noted that the President has not exercised this
right and has permitted the unions to select COTU leaders.
Union leaders are discouraged but not prohibited from holding
political positions. Currently Sam Muhanji, the General
Secretary of the Kenya Union of Food, Commercial, and Allied
Workers (the largest union in Kenya) and W. Ndumbe, the
General Secretary of the Local Government Workers Union are
Members of Parliament.
The only workers prohibited by law from striking are members
of the armed forces, the police forces, the prison service,
and the national youth service. Other workers have the right
to strike 21 days after a written report of the dispute is
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submitted to the Minister of Labor. However, this right is
limited by the broad power given the Minister by the Trade
Disputes Act whereby the Minister has the authority to require
the two parties to go to the industrial court for mandatory
arbitration of their differences. Public sector workers are
not specifically prohibited from striking, but the Minister of
Labor enjoys broad authorities to prohibit public sector
strikes. In 1988 there were 92 strikes, mostly illegal
wildcat work stoppages occurring at a local level over
specific issues, often without permission from the national
union and often without providing the Minister with written
notification. The Government has not prosecuted trade
unionists involved in these wildcat strikes unless criminal
activity such as vandalism has taken place. The last public
sector strikes in Kenya occurred in 1986 when there were two
strikes involving 41 workers with 35 workdays lost.
COTU is affiliated with the Organization of African Trade
Union Unity and maintains relations, though not affiliation,
with the International Confederation of Free Trade Unions
(ICFTU). It sends observers to meetings of the ICFTU and the
Communist-controlled World Federation of Trade Unions.
b. The Right to Organize and Bargain Collectively
Collective bargaining is protected by law and is freely
practiced throughout the country. The only government
restriction on collective bargaining is that wage settlements
not exceed 75 percent of the rate of inflation. Between 300
and 400 collective bargaining agreements are registered with
the Government every year and cover most of Kenya's
nonagricultural wage sectors. Most public sector workers are
covered by collective bargaining agreements but not the large
numbers of civil servants (and some university professors
defined as "management"). Although no statistics are
available, it is estimated that over 50 percent of Kenya's
wage workers fall under a collective bargaining agreement,
though less than 20 percent are union members. Kenya does not
permit closed shops, and unions have been complaining for
years over the problem of "free riders." Although no export
processing zones exist at the moment, the Government plans to
open two in the near future. No restrictions on worker rights
are planned in these zones.
The Government promotes voluntary negotiations between
employers' and workers' organizations and encourages workers
to join unions. Both in law and practice, union officials are
protected against discrimination or penalties based on their
union activities. There is an industrial court that would
hear such complaints, although there have been none in recent
years .
c. Prohibition of Forced or Compulsory Labor
Under the Chief's Authority Act, a local authority can require
the performance of limited communal activities for the benefit
of the local community. While this provision is rarely
invoked, the ILO Committee of Experts has called on the
Government to bring this Act into conformity with ILO Forced
Labor Conventions (to which Kenya subscribes) and has noted
that talks are continuing for the introduction of the
necessary amendments. There are a number of provisions in
other legislation (e.g.. Penal Code, Public Order Act,
Prohibited Publications Order, Merchant Shipping Act, and the
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Trade Disputes Act) which the Committee has found to be
inconsistent with the Conventions.
d. Minimum Age for Employment of Children
The legal minimum age for employment is 16. Employment and
working conditions in some occupations are limited for those
under 18. The minimum age regulations do not apply for
agricultural employment, where many children work on family
farms, or for domestic work. Although enforcement of child
labor laws is lax, child labor is not a problem in the
industrial sector or in dangerous occupations given Kenya's
high unemployment rate. The Ministry of Labor has difficulty
enforcing minimum age laws.
e. Acceptable Conditions of Work
Over 80 percent of the Kenyan work force does not hold jobs in
the wage sector and is not covered by minimum wage law. For
those covered, there is a complicated minimum wage scheme
which is divided by age, locale, and occupation. Currently
the minimum wage (last revised June 1, 1989) ranges from
$14.50 per month for a rural unskilled worker under age 18 to
about $82 dollars per month for a cashier in Nairobi or
Mombasa. Wage earners get additional benefits including a
15-percent supplement for housing which is not included in the
above minimum wages. A Nairobi wage earner making $50 per
month would have a great deal of trouble providing for his
f ami ly--which most likely is very large since Kenya has one of
the highest birth rates in the world. Many families
supplement a wage earner's salary by selling agricultural
produce or by having additional family members in the work
force .
The standard legal workweek in Kenya as defined by the
regulation of wages order is 52 hours over 6 days, except for
night duty workers who can be employed for up to 60 hours per
week. Agricultural workers are exempt from this order.
Kenyan labor law requires weekly (not daily) rest periods,
full payment for public holidays, 21 days of paid annual leave
per year, sick leave (7 days of full pay and 7 additional days
of half pay) and 2 months at full pay of maternity leave,
though women using maternity leave lose their annual leave for
that year. Observance of these regulations is mixed and the
Ministry of Labor, which has the obligation to enforce them,
acts on the basis of complaints, which are few.
The Government does set health and safety standards for
factories, the construction industry, and docks. However, the
law does not cover the large agriculture work force where many
workers are exposed to dangerous pesticides. The Government
is considering a revision of the "factories act" which will
expand the act's coverage into the agricultural sector and
will update its standards to include regulating the use of new
chemical products.
Enforcement of health and safety standards remains a problem.
Safety and health inspectors have the legal power to "enter,
inspect, and examine, by day or night" a factory where he or
she has "reasonable cause" to believe there may be a
violation. Inspectors usually respond to worker complaints
and try to enforce standards, but rarely do they make surprise
inspections of factories. The "factories act" does not
contain any language protecting workers who file complaints.
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LESOTHO
A six-member Military Council, led by Major General J. M.
Lekhanya, has ruled Lesotho since seizing power in a coup
d'etat in 1986. The Military Council is firmly in control of
the State, but it formally conferred all legislative and
executive power on Moshoeshoe II, the previously powerless
King of Lesotho. The Military Council and the King rule by
decree; however, a predominately civilian appointed Council of
Ministers administers the day-to-day operations of
government. During 1989, while local elections were held, the
military regime continued its ban on genuine political
activity and gave no indication of its intention to restore
constitutional rule, which was abolished by former Prime
Minister Jonathan in 1970.
The Royal Lesotho Defense Force (RLDF) of about 2,000 troops
is responsible for internal and border security. The RLDF is
assisted by a small police force of roughly equal size.
Public security stabilized in 1989, and the Government ended
in August its 1988 state of emergency (SOE) against crime.
A landlocked country completely surrounded by South Africa,
Lesotho is almost entirely dependent on its neighbor for
trade, finance, employment, and access to the outside world.
Approximately 60 percent of the adult male labor force is
employed in South Africa's mines, and remittances from workers
(more than $230 million in 1988) are a critical factor in
financing imports.
Human rights in Lesotho in 1989 remained circumscribed. Major
concerns included: the use of preventive detention without
trial to blunt opposition political activity and restrictions
on freedom of speech, assembly, and the right of citizens to
change their government through democratic means. In 1989
Military Council Chairman Lekhanya was exonerated for shooting
to death a 20-year-old university student who was allegedly
fleeing from the campus scene of an attempted rape of a local
woman (see Section I.e.). In a significant development, the
Government in February permitted the return of Basutoland
Congress Party (BCP) leader Ntsu Mokhehle, following nearly 15
years of political exile, together with hundreds of his
followers who were peacefully reintegrated into the local
society.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
The Government made no progress in identifying the
perpetrators or their motives for the brutal 1986 murders of
former Ministers of Information and Foreign Affairs, Desmond
Sixishe and Vincent Makhele, and their wives. However, a
judicial inquiry to investigate the killings was convened in
November 1989. Amnesty International has also continued to
press for inquiries into the suspicious 1988 deaths, while in
custody, of Samuel Hlapo, a hijacker, and Mazizi Maqokesa, a
South African exile member of the African National Congress.
During 1989 a number of apparently politically motivated
murders took place in several rural areas of southern Lesotho,
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LESOTHO
along the border with the South African homeland of Transkei.
On June 9, a passenger bus traveling from Xixondo to Quthing
was attacked by five unknown gunmen. Three people were
killed, four injured, and the bus was set on fire. In early
August, a military vehicle was attacked along the
Quthing-Mount Moorosi road by three unidentified gunmen,
although no one was killed or injured. Later in the year, at
least seven people, mostly merchants and shopkeepers, were
killed by unidentified gunmen in the Mohale's Hoek district.
Authorities believe that a Transkei-based renegade faction of
the Lesotho Liberation Army (LLA) , which broke with the BCP
and repudiated the leadership of Ntsu Mokhehle, was
responsible for the killings. This is the same group held
responsible for a 1988 Maseru bus hijacking in which five
people — three hijackers and two hostages — were killed.
b. Disappearance
There were no reports of politically related disappearances in
1989. Independent and church-affiliated newspapers reported
several abductions by South African authorities in Lesotho.
Victims reportedly included both criminal suspects and
political targets. The Government neither condones nor
collaborates with South Africa in these alleged operations.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
SOE powers were exercised arbitrarily in some cases; in 1988
there were frequent reports of police beatings, ill-treatment,
and even death of some suspects in custody. The police were
granted immunity under emergency regulations against
prosecution for any acts committed in the course of their
duties. Excesses by law enforcement agencies continued to
occur in 1989, including false arrests and ill-treatment of
suspects. These excesses, however, did not occur with the
same frequency as during the early period of the SOE. Several
police officers were tried and convicted for human rights
abuses during the year.
d. Arbitrary Arrest, Detention, or Exile
Lesotho declared the SOE in February 1988 as a measure to
combat rising crime. In April 1988, the High Court annulled
the SOE on the basis that the emergency had been illegally
declared. Eleven days later, however, the Government renewed
the SOE, and the SOE remained in force until August 1989. The
Government briefly considered renewing the SOE in December.
The SOE gave the police extensive powers of arrest, search,
and seizure without a warrant. Persons suspected of armed
robbery and certain other criminal offenses could be detained
for up to 14 days and for longer periods on order of the
Minister of Defense and Internal Security. Under the
emergency regulations, an arrest without a warrant could be
made on grounds of "reasonable" police suspicion of the
commission of a specified crime. The regulations provided no
standards for determining reasonableness, however, and the
lack of early judicial review left open the possibility of
essentially arbitrary detention.
Even during the SOE, established procedures remained in effect
for normal civil and some criminal cases, including the right
of 3 detainee to an early determination of the legality of his
detention. The 1981 Criminal Procedures and Evidence Act, as
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LESOTHO
amended in 1984, makes provision for the granting of bail.
Under the Act, the High Court is the only judicial body
empowered to grant bail in cases of armed robbery or suspected
homicide.
In political cases, the Internal Security (general) Act (ISA)
of 1984 applies. This Act provides for so-called
investigative detention without charge or trial for up to 42
days (the first 14 days on order of the police; the second 14
days on order of the police commissioner; and the final 14
days on order of the Minister of Defense and Internal
Security) . Detainees may be held incommunicado up to 14
days. During the second stage of the detention, ministerially
appointed "advisers" (all government employees to date) report
on the health of the detainee, investigate whether the
detainee has been involved in subversive activities, and
advise the Minister of Defense and Internal Security of the
need for continued detention. Detainees under the Act may
make representation about their own treatment only through the
adviser. The Act also allows for detention of witnesses in
security cases.
In addition, a 1986 amendment to the ISA allows the Minister
of Defense and Internal Security to "restrict" a person, who,
in the opinion of the police commissioner, is conducting
himself in a manner prejudicial to public order, security,
administration of justice, or obedience to the law or lawful
authority. A restriction order limits the movements of a
restricted person to a certain location and to certain hours
of the day and may prohibit association or communication with
other persons.
The Government twice invoked the ISA against perceived
political opponents during 1988-1989. One case involved
Johnny Wa Ka Maseko, a South African-born editor of the
independent newspaper. The Mirror, who was deported from
Lesotho in December 1988 after publishing a series of articles
on alleged government corruption. Maseko, who had lived in
Lesotho since 1980 as a political refugee, was first arrested
on October 27, 1988, on charges of criminal defamation. He
was released on bail the same day but was rearrested on
November 14, held for 4 weeks under the ISA, and then deported
for alleged subversion and espionage.
The second case involved Joel Moitse, a university lecturer
and former cabinet minister in the previous government, and
Majora Molapo, a civil servant in the previous government,
nephew of the late Prime Minister Jonathan, and active in the
banned Basutoland National Party. The two were detained in
May following the publication of a highly critical political
tract against the King and his Government. Moitse was
released from detention on June 7, just as his detention was
being challenged in the High Court. On his release, Moitse
was immediately issued with a restriction order and confined
to his family residence. The order was lifted after 6 days,
but it was the first known restriction order issued by the
military Government. Malapo was subsequently released without
restrictions .
The military Government's general amnesty for exiled Basotho
remained in effect. Following secret negotiations in late
1988, BCP leader Ntsu Mokhehle returned to Lesotho in February
1989. The core element of the BCP military wing, the LLA, was
disbanded, except for a small dissident group reportedly based
in the Transkei . The return of Mr. Mokhehle and most of his
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LESOTHO
followers represented a major achievement for the Government's
policy of national reconciliation. There was no indication in
1989 whether Mokhehle would be permitted to engage in
political activity.
with regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
The judiciary consists of the Court of Appeal, the High Court,
magistrate courts, and customary or traditional courts, which
exist largely in rural areas to administer customary law.
Court decisions and rulings are respected by the authorities
and are generally free of interference by the executive.
Accused persons have the right to counsel and public trials.
The courts have acted to limit infringements of law on
numerous occasions in past years, e.g., its April 1988
annulment of the SOE on procedural grounds (but which the
Government quickly reinstituted) . Under the system of
Roman-Dutch law applied in Lesotho, there is no trial by
jury. Criminal trials are normally adjudicated by a single
High Court judge who presides with two assessors, who serve in
an advisory capacity. In civil cases, judges normally hear
cases alone. The High Court also provides procedural and
substantive advice and guidance on matters of legal procedure
to military tribunals; however, it does not participate in
arriving at judgments. Military tribunals have jurisdiction
only over military cases.
A judicial inquest is initiated by the Attorney General on the
authority of the Judicial Inquest Proclamation Number 32 of
1954. In the Lekhanya case, the Chairman of the Military
Council shot and killed a 20-year-old university student as
the student was allegedly fleeing from the scene of an
attempted rape of a local woman. After a controversial
2-month judicial inquest into the circumstances of the death,
during which General Lekhanya testified and submitted to
cross-examination, the Chairman was exonerated following a
judicial finding of justifiable homicide.
There were no known political prisoners in Lesotho at the end
of 1989.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Both the 1988 SOE regulations and the ISA provide police with
wide powers to stop and search persons and vehicles and to
enter homes and other places for similar purposes without a
warrant. In 1989 there were some reports of violations of
individual privacy by state authorities, but these were
greatly reduced from the number reported during the 1988 SOE.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Human Rights Act of 1983 provides for freedom of
expression but subordinates this freedom to the needs of
national security. Following the 1986 coup, a formal ban on
politics was announced with stringent restrictions on freedom
of speech and political assembly. In particular. Government
Order No. 4 prohibits persons and groups from making political
speeches and from publishing or distributing political party
materials .
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LESOTHO
Despite the ban on organized political party activity,
political activists met privately in 1989, and leaders of
Lesotho's five principal political parties made individual or
joint statements criticizing the military Government and
calling for a restoration of civilian rule. Except for the
cases of Moitse and Molapo, the Government made no attempt to
inhibit such political discussion or activity.
The Government controls the official media (one radio station
and a weekly newspaper) and ensures that they faithfully
reflect government views. However, the Government rarely uses
them to attack its critics, and opposition viewpoints were
routinely expressed in 1989 in two Sesotho-language weekly
newspapers published by the Roman Catholic Church and the
Lesotho Evangelical Church. Also, despite deportation of the
editor of The Mirror, it continued to be published in 1989,
and was sometimes critical of the Government.
b. Freedom of Peaceful Assembly and Association
The military Government's ban on "politics" was not
interpreted to require the dissolution of existing political
parties, but the ban does preclude political gatherings and
rallies. Nonpolitical organizations and professional groups
are freely formed, even encouraged, and are allowed to hold
public and regular meetings.
For a discussion of freedom of association as it applies to
labor organizations, see Section 6. a,
c. Freedom of Religion
There is no state religion in Lesotho. Free and open
religious practice is permitted and encouraged. Christianity
is the dominant faith of the majority of Basotho, and Roman
Catholicism is preeminent. There is a significant Protestant
minority composed of the Lesotho Evangelical Church, the
Anglican Church, and a number of other smaller denominations.
Conversion is permitted, and there is no apparent social or
political benefit or stigma attached to belonging to any
particular church. There are no bars to missionary activity
or work by foreign clergy.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Citizens generally are allowed to move freely within the
country and across national boundaries. There were instances
in recent years, however, in which the Government restricted
passports for political reasons, but none occurred in 1989.
Liberal emigration policies exist, and the Government places
no obstacles in the way of its own citizens who wish to
emigrate.
The refugee flow from South Africa slowed dramatically in
recent years to only a few refugees per month. In 1989 there
were only 56 refugee cases, 45 of which were South African.
In these cases, persons have been treated fairly, consistent
with Lesotho's international obligations. Refugees affiliated
with South African liberation movements, however, were given
expeditious transit to third countries for resettlement. More
than 300 refugees without this affiliation have been allowed
to resettle in Lesotho.
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LESOTHO
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens of Lesotho currently do not have the freedom to
change the existing government, nor do they play a role in
national decisionmaking. The military Government, which
assumed power in 1986, announced that it intends to remain in
power until peace and national reconciliation are fully
restored. Neither a time frame for this process has been set,
nor has any schedule been announced for constitutional
discussions, elections, and a return to civilian rule.
Elections for local development councils were contested by
persons not officially affiliated with political parties.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government has been unresponsive on human rights issues,
particularly when the call for outside investigation emanates
from the domestic political opposition. Representations by
several influential human rights and media organizations in
the Maseko deportation case had no effect, but similar
appeals, including from the National University of Lesotho
staff association, may have been a factor in the decision to
release professor Joel Moitse.
There are no internal human rights organizations, either
official or nongovernmental. Reports of alleged human rights
abuses are sometimes carried in the local press, particularly
the church newspapers and Lesotho's sole independent weekly.
The Mirror.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Most citizens of Lesotho speak a common language and share
common historical and cultural traditions. Nonindigenous
citizens have generally married into the Basotho nation, which
tends to be inclusive and assimilative. Expatriate
communities are small and are not considered to be a major
factor in the country's political life. Asians (primarily
ethnic Chinese and Indians) and South African whites are
active in the country's commercial life. In 1987 the military
Government formulated a policy aimed at "localization" of
Lesotho's commercial retail trade, and, under the trading
enterprise order, called on foreign owners to enter into joint
ventures with Basotho nationals. Equity transfers would
entail compensation. To date, the "localization" order has
not been strictly enforced, due largely to difficulties in
identifying local entrepreneurs to take over expatriate-owned
businesses and in financing such take-overs, and to concern
over foreign reaction.
Political exiles from SoutJi Africa, who are often viewed as
magnets for South African political or military intervention
in the country, are sometimes allowed to remain in Lesotho on
condition that they neither engage in political activities nor
speak openly and critically about the political situation in
South Africa .
The Government has still not seriously addressed the issue of
woman's rights. In Lesotho these rights are severely limited
by both law and custom, including in the area of property,
inheritance, and contracts. Under Lesotho's customary law, a
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LESOTHO
married woman is considered a minor during the lifetime of her
husband, with all of the legal limitations that this status
implies. She cannot enter into any legally binding contract,
whether for employment, commerce, or education, without her
husband's consent. A married woman has no standing in court
and cannot sue or be sued without her husband's permission.
Despite their second-class status, women in Lesotho
traditionally have been the stabilizing force in the home and
in the agricultural sector, given the absence of over 100,000
Basotho men who work in South Africa. More female than male
children complete primary and secondary schools.
Domestic violence, including wife beating, occurs, but, as
statistics are not available, the extent of the problem is not
known. In Basotho tradition a wife may return to her
"maiden-home" if physically abused by her husband; in common
law, wife beating is a criminal offense and defined as assault
under the 1981 Criminal Procedure and Evidence Act. A 1976
High Court case successfully reversed a Roman-Dutch legal
tradition which recognized a husband's right to chastise his
wife at will. While the Government has made some attempts to
enhance the economic prospects of women, very little direct
action has been taken to improve their subordinate status in
the society.
Section 6 Worker Rights
a. The Right of Association
Lesotho is a party to the International Labor Organization
(ILO) Convention 87 on Freedom of Association and Convention
98 on Collective Bargaining. At least one new union was
formed in 1989 to organize construction workers for the
mammoth $2-billion Highlands Water Project.
Roughly 60 percent of Lesotho's active male labor force
between the ages of 20 and 44 work in the Republic of South
Africa, mainly in gold and coal mines. At least 70 percent of
the remainder are engaged in traditional agriculture. The
rest are employed mainly by the Government and in small
industries in Lesotho. A majority of Basotho mineworkers are
members of the South African National Union of Mineworkers
(NUM) . Because the NUM is an extraterritorial worker
organization, it is not permitted to engage in union
activities in Lesotho.
There are two trade union federations in Lesotho, the Lesotho
Congress of Free Trade Unions (LCFTU) and the Lesotho
Federation of Trade Unions (LFTU) . The much larger LCFTU
encompasses 24 affiliated independent trade unions; the LFTU
has 4. Like its predecessor, the current Government supports
the formation of a single, umbrella trade union center, and
since 1988 has stepped up its efforts to broker a merger
between Lesotho's two competing federations. The immediate
catalyst for this renewed interest was the embarrassing
dilemma faced by the Government recently in deciding which
federations should represent Lesotho at international
conferences. More fundamentally, the Government believes that
the size of Lesotho's work force does not warrant the more
than 30 existing labor unions and would like to see these
consolidated. A merger would also eliminate competition among
unions in their negotiations with employers, and enhance the
bargaining power of the work force. There are, however, deep
philosophical, political, and ideological differences between
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LESOTHO
the two federations, reflecting the historical differences of
the two political parties with which they are affiliated. As
the federations were unable to reach agreement in 1989, the
Government is considering legislation to force the desired
merger .
While a legal right to strike exists for workers in
nonessential services, in practice the procedure for calling a
strike is so lengthy and cumbersome that it discourages legal
strike actions and accounts for the prevalence of wildcat
strikes. The 1964 Trade Union and Trade Disputes Act
enumerates lengthy procedures which must be followed before a
strike is called. The last general strike was in 1961. There
were several wildcat strikes in 1988 and 1989 against both
foreign and domestic companies, mostly over wages and
conditions of work. Usually, wildcat strikes have been of
short duration and ended in compromise, although a 1988 strike
at the government-owned Lesotho flour mills ended with the
dismissal of more than 300 employees. In 1989 workers went on
strike against a South African construction firm building an
access road to the Highlands Water Project. The workers were
protesting differential wage and working conditions and the
employment of large numbers of South African workers; the
action turned violent and resulted in serious injury to two
workers .
The LCFTU is a member of the Southern African Trade Union
Coordination Council, the Organization of African Trade Union
Unity, and the International Confederation of Free Trade
Unions. The LFTU has fewer international affiliations but is
becoming more active internationally. Aside from a 1987-1988
prohibition on the travel of LCFTU Secretary General Jonathan,
the Government has placed no obstacles to international
affiliations or foreign travel for labor union-related
purposes .
In its 1989 report, the ILO Committee of Experts (COE) asked
the Government to report if the SOE was still in effect, and
whether any regulations had been adopted under this
legislation. The Committee also reiterated its objection to
provisions of the Essential Services Arbitration Act which
restricts the right to strike and applies compulsory
arbitration to disputes in the banking industry.
b. The Right to Organize and Bargain Collectively
All trade unions in Lesotho enjoy the right to organize and
bargain collectively. These rights were established in the
1964 Trade Union and Trade Disputes Act and in the 1967
Employment Act, as amended in 1977. There is also an unfair
labor practices tribunal whose m.andate is to investigate
unfair labor practices and safeguard worker rights. A
government-appointed labor commission is also charged with,
inter alia, monitoring wage and working conditions and
accepting, reviewing, and investigating worker complaints.
There is clear recognition in Lesotho, however, that its
industrial relations system is outmoded. The Government has
been working for several years with the ILO to formulate a
comprehensive new labor code. In September, following
extensive local tripartite consultations, the Government gave
preliminary approval to a draft labor code, which includes 242
separate provisions aimed at briiiging the country's labor laws
into full conformity with ILO standards promoting collective
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liESQTHO
bargaining and greatly simplifying the worker's right to
strike.
Lesotho has several industrial estates grouping together
companies, mostly textile and apparel firms, engaged in
manufacturing for export. There are no prohibitions against
organized labor in these industrial zones, and labor laws are
applied uniformly throughout the country.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by the 1987
Employment Act and is not practiced in Lesotho.
d. Minimum Age for Employment of Children
Fourteen is the legal minimum age for employment in commercial
or industrial enterprises. In practice, however, children
under 14 may be employed in family-owned businesses. There
are prohibitions against the employment of working age minors
in commercial, industrial, or nonfamily enterprises involving
hazardous or dangerous working conditions. Basotho minors
under 18 years may not be recruited for employment outside of
Lesotho. Enforcement of all laws is lax.
In Lesotho's traditional society, life and working conditions
for the country's young "herdboys" tend to be much more
rigorous and demanding than conditions in the modern sector.
Their quasi-pastoral life, however, is considered a
prerequisite to eventual manhood and is a fundamental feature
of Sotho life, tradition, and culture.
e. Acceptable Conditions of Work
Lesotho's 1967 Employment Act spells out basic worker rights,
including a 45-hour workweek, a weekly rest period of at least
24 hours, 11 to 12 days' paid leave per year, and pay for
public holidays. Employers are required to provide adequate
light, ventilation, and sanitary facilities for employees, and
to install and maintain machinery to minimize the risk of
injury. In practice, these regulations are generally followed
only within the wage economy, and enforcement mechanisms are
weak.
Wages in Lesotho are extremely low. The Government, through
the mechanism of a tripartite wages advisory board, raised
minimum wages in 1989 for various types of work. These ranged
from $72 a month for light unskilled labor to about $100 per
month for semiskilled jobs. The vast majority of wage earners
supplement their monthly income through subsistence
agriculture and/or remittances from relatives employed in
South Africa. Many employers in Lesotho now pay more than
minimum wages in an effort to attract and retain motivated
employees. Government salaries were raised in 1988 at a
percentage increase greater than the 1989 increase for minimum
wages. A number of government employees were dismissed in
1989 under the Government's International Monetary Fund
structural adjustment program.
In collaboration with the ILO, the Government will begin a
3-year project in 1990 to upgrade its national occupational
and health safety standards. This is a regional project which
will also include Botswana and Swaziland.
182
LIBERIA
The Liberian Constitution provides for an American-style
democratic system of government and guaranteed rights and
freedoms for the individual. However, in practice, Liberia is
ruled by Samuel K. Doe, who came to power in a coup d'etat in
1980 and transformed his military regime to a civilian
government after being elected President in 1986 in elections
widely believed to have been rigged in his favor. He and his
ruling party, the National Democratic Party of Liberia (NDPL) ,
with strong backing from the military, increasingly dominate
Liberian political life. Three opposition parties are legally
recognized and permitted to function, but they continue to
protest the Government's conduct of the 1985 elections and
decided not to participate in the 1989 by-elections.
The army continues to be a bulwark of the current
administration and has major responsibility for internal
security functions. Military indiscipline continues to result
in harassment of civilians. A small police force is used for
maintaining domestic order. At the end of the year, a small
group of regime- opponents crossed the Liberian/Cote d'lvoire
border into Nimba county, assassinating local officials and
killing unarmed civilians. In responding to these attacks,
elements within the Armed Forces of Liberia (AFL) are credibly
reported to have ignored orders to avoid attacks on innocent
civilians, an unknown number of whom were killed. Both
dissidents and AFL troops have largely concentrated their
actions against civilian members of ethnic groups not their
own. This conflict also resulted in tens of thousands of
Nimba County residents seeking refuge in the Cote d'lvoire.
Liberia's mixed economy is based primarily on traditional
agriculture and exports of iron ore, rubber, and timber. It
continues to suffer from foreign exchange shortages,
widespread corruption, a heavy debt burden, and governmental
mismanagement. Nonetheless, in 1989 the private sector
rebounded after a long decline that finally bottomed out in
1988. The modest recovery was due in large part to higher
world prices for Liberia's two main exports, iron ore and
rubber. Prospects for the future of the economy remain
clouded by the Government's failure to implement a meaningful
structural reform program and uncertainty about export prices.
Despite constitutional guarantees, there were extensive human
rights violations in 1989. In addition to the year-end
violence in Nimba county, major concerns included the use of
arbitrary arrest and detention, military and police abuse and
harassment of citizens, and tight restrictions on freedom of
speech and press, association and assembly, the right of
citizens to change their government, and women's rights. Of
particular concern was the slow, steady erosion in press
freedom. In June the Government closed another independent
media outlet, the Catholic Radio Station, ELCM, which, alone
among the independents, had sometimes criticized the
Government. Despite the success of a joint government-private
accreditation agreement for journalists, the possibility of
further government interference with the press was raised by
the creation of a government-dominated Communications
Commission with the power to revoke media operating licenses.
The combination of government/NDPL pressures, which brought
opposition defections to the NDPL, and opposition boycotts in
both the legislature and in 1989 by-elections moved Liberia
closer to a de facto one-party system. In these
circumstances, the Elections Commission (made up of former
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hlBE&Ih
NDPL members) has made little effort to engage in substantive
dialog with opposition parties to meet their legitimate
concerns. The leader and legal counsel of the banned Liberian
Unification Party, William Kpoleh and Ceasar Mabande, jailed
after a controversial trial in 1988, remained in prison at the
end of 1989; at the beginning of the year, the Supreme Court
granted them a new trial.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of politically motivated killings in
1989 but both dissidents and government forces killed innocent
civilians in the year-end violence in Nimba County.
Additionally at least one person died after a beating
administered by soldiers, and two persons died in official
custody in suspicious circumstances (see Section I.e.). The
Government did not undertake any form of official inquiry into
the circumstances surrounding the deaths of Major General
Podier, a former vice head of state, and several others
killed, allegedly in combat, by security forces in 1988.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Criminal suspects are treated harshly and often receive severe
beatings from the police. The constitutional rights of the
accused are often ignored. In August several dozen people in
Nimba County were reported to have been beaten and robbed by a
group of soldiers under the direction of an official of the
Ministry of Internal Affairs. At least one person, a woman,
died from the mistreatment and several others needed medical
attention. The beatings were allegedly carried out at the
behest of a local clan chief as part of an investigation into
alleged occult activities in the area. Although an
investigation found the chief to be culpable. President Doe
released him at the end of 1989 as a result of the incursion
into Nimba County which allegedly lent credibility to his
claims of subversion in the area.
Prison conditions, which have long been dangerous to life and
health, did not improve in 1989. Cells are often small and
without windows or ventilation. Food, exercise opportunities,
and sanitary facilities are grossly inadequate. The maximum
security prison at Belle Yella in remote Lofa County is
notorious for its harsh regimen, including incommunicado
detention. There have been credible reports, including in
Amnesty International's (AI) 1989 Report, that a number of
prisoners have died at Belle Yella in past years under
unexplained circumstances. AI reports indicate that at the
Post Stockade, a military detention center in Monrovia,
civilian detainees have been held illegally for months and
forced to sleep on the floor, without bedding, often covered
in excrement. In some circumstances, detainees have had to go
without water and food for several days. Although the
Constitution states that civilians may not be confined in any
military facility, this provision is frequently ignored.
24-flnfi n_Qn_
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LlSE&Ih
Two defendants in the General Allison trial (see Section
I.e.)/ Augustine Fanga and Henry Walker, died in custody under
unexplained circumstances. Officials attributed their deaths
to their "poor health" on arrival at the prison.
d. Arbitrary Arrest, Detention, or Exile
Although police are supposed to have a warrant for arrest, and
persons should be charged or released within 48 hours, these
constitutional provisions are frequently ignored in practice,
particularly in cases involving alleged security threats or
violations. Three students were detained without charge for 2
weeks for attempting to revive a student organization (see
Section 2.a.). A county superintendent was held without being
charged for over a month before being released and
reinstated. Members of a jury were jailed for a few days by a
judge in a Bong County Criminal Court for bringing in the
"wrong" verdict.
In many cases* prolonged detention of persons without charge
occurs as a result of judicial inefficiency and administrative
neglect. Reports appear from time to time that many of those
in Liberian prisons have been "forgotten" by the judicial
system and continue to remain in prison although they have
never been tried. In May a local lawyer succeeded in gaining
freedom for over 30 people so detained in Monrovia Central
Prison. A writ of habeas corpus was filed on behalf of a list
of 205 persons alleged to have been held without charge, some
for as long as 2 years, although some were later found to have
been released previously or properly charged. In a series of
hearings before a judge, more than 30 prisoners were ordered
released unconditionally after it was determined that they had
never been properly charged in accordance with their
constitutional rights. Reliable sources indicate that at the
same time, and possibly because of this case, as many as 50
inmates of Monrovia Central Prison were released by prison
authorities, because they too had never been charged.
A number of well-known Liberians, such as Professor Amos
Sawyer, who chaired the National Constitutional Commission and
headed the now banned Liberian People's Party, remained in
exile in 1989, many of them in the United States. Human
rights organizations have pointed to the case of Nathaniel
Nimley Cholopy, who, after returning to Liberia in December
1987, was immediately arrested and held in incommunicado
detention for almost a year in both the Post Stockade and
Belle Yella. He was released uncharged in November 1988.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
Liberia's civilian court system is based on Anglo-American
jurisprudence and features similar judicial bodies, with the
Supreme Court at its apex. The Constitution provides for
public trials and states that there shall be no interference
with the lawyer-client relationship. Nonetheless, the
judicial system is often subject to manipulation, and reports
of financial or political pressure on the courts are common.
Corruption in the judiciary has become almost
institutionalized: bribes are often paid to delay cases
indefinitely, thousands of which are currently "pending"
before the courts. Like government agencies, the judiciary
suffers from a severe shortage of the basic tools it needs to
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LI££EIA
do its work, such as office supplies, stenographers, and
records of precedent cases.
Despite constitutional provision for separation of powers, the
judiciary has a history of succumbing to the wishes of the
executive, as in 1987 when President Doe insisted on, and
received, the resignation of the entire Supreme Court.
Moreover, court orders are not always implemented by executive
agencies including the military. In 1988, when a leading
political figure and nine other conspirators came to trial
before the Criminal Court in August, the military authorities
continued to deny them access to legal counsel, in defiance of
a court ruling. In cases of persons alleged to have been
improperly jailed, prison authorities refused to transport
them to the courthouse. In many instances executive
authorities often demand fees for performance of judicial
duties such as serving subpoenas, collecting witnesses, and
executing warrants.
Persons have the right to legal counsel and to bail in
noncapital offenses. Where the accused is unable to secure
his own lawyer, the court is required to provide legal
services, although a lack of resources limits this practice to
those accused of "serious" offenses. Litigants have the right
to appeal. Traditional courts, presided over by tribal
chiefs, are bound neither by common law nor by conventional
judicial principles; they apply customary and unwritten law to
domestic and land disputes as well as petty crimes. These
decisions may be reviewed in the statutory court system or
appealed to a hierarchy of chiefs. Administrative review by
the Ministry of Internal Affairs and, in some cases, a final
review by the President may follow. Allegations of corruption
and incompetence in the traditional courts are common.
Several prominent political figures convicted of statutory
crimes remained in prison at the end of 1989. The leader and
legal counsel of the banned Liberia Unification Party, William
Gabriel Kpoleh and Ceasar Mabande, convicted of treason in
1988 after a controversial trial, appealed their sentences to
the Supreme Court and remained in prison at year's end pending
the Court's decision; they have been granted, however, a new
trial.
In the major trial of 1989, a military court sentenced Defense
Minister Gray D. Allison to death for ritual murder, although
at year's end the sentence had not been carried out. Two of
the 10 defendants died in prison as a result of lack of
medical attention. They had been delivered to the prison
after having been severely beaten by unknown assailants.
Allegedly Allison and nine others attempted to obtain human
blood for a witchcraft ritual that would enable them to
overthrow President Doe. Allison claimed that the accusations
were politically motivated. The trial did not meet
internationally accepted standards of fairness, even though
Allison was allowed defense counsel of his own choosing, and
both he and his counsel were allowed to make lengthy
statements to the court-martial board. The trial was closed
to the public and press, only edited transcripts and
television footage of court proceedings were released to the
public, and questions were raised about possible coercion of
witnesses .
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LIBERIA
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
In 1989 the political and military leadership took action
against at least 30 soldiers accused of harassing or
mistreating civilians. These included a private who was
discharged for striking an American citizen at a checkpoint in
April, and Major John Solonteh, the Deputy Provost for the
AFL, who was sentenced to a year at hard labor for extorting
bribes from local businessmen. The number of disciplinary
cases increased from 1988 to 1989. Nevertheless, military
harassment and intimidation of civilians at checkpoints
remained a continuing problem in 1989. There were random
shakedowns of civilians, including outside checkpoints, and
occasional episodes of violence. During a municipal clean-up
campaign in March, soldiers were observed commandeering
vehicles, forcing people to work at gunpoint, and occasionally
beating those who resisted. In these instances, no action was
taken against the soldiers.
Interference bycivil and military authorities in the lives of
ordinary citizens occurs on a wider scale in rural areas,
where local officials wield considerable power over the
day-to-day activities of citizens and proper police and
judicial procedures are even less likely to be followed.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
While the Constitution includes provisions for freedom of
expression, including freedom of speech and of the press these
freedoms were substantially set back in 1989. The Government
closed the major private radio station; and two newspapers
closed in 1988 (Footprints Today and The Sun Times) remained
closed in 1989. The Constitution also stipulates that persons
be held "fully responsible for the abuse" of these rights.
Decree 88a, passed by the Military Government in 1984,
declares the spread of "rumors, lies, and disinformation" to
be a felony. This Decree has not been revoked or challenged
in court and is therefore still in force. Government
authorities have not invoked the decree in the past 5 years,
and no one has ever been convicted of violating it. However,
human rights activists point out that this Decree has a
chilling effect on freedom of expression and of the press and
that the Government has not needed to use it to achieve its
objectives.
The Liberian press practices self-censorship. All media
refrain from direct attacks on the President and certain other
senior government officials. As many as five independent
newspapers appeared in Monrovia in 1989, though seldom did
more than four publish on any given day. The one
government-owned newspaper appears twice weekly. The
government-controlled radio and television outlets dominate
the news and provide almost no coverage of opposition views,
despite constitutional guarantees of access.
In 1989, as in the past, government harassment of journalists,
ranging from scuffles with police and confiscation of
reporter's film to the overnight detention of one newspaper
editor, continues to be a constant theme. In a major
development, in June the Ministry of Information, Culture, and
Tourism (MICAT) shut down Catholic Radio Station ELCM (one of
three independent radio stations in Liberia) for reporting
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LIBERIA
that several people had died in a crowd stampede at a local
soccer stadium. MICAT originally demanded a transcript of the
report and, when none was forthcoming, closed the station.
After some public comments by Catholic Archbishop Michael
Francis, President Doe made a speech castigating politically
active clerics and decreeing that the station would remain
"forever closed," a decision the Church declined to contest.
Since the closing of ELCM, there has been a marked decline in
the airing of opposition views in either the independent or
government broadcast media. The banning of ELCM has left two
religiously affiliated, largely apolitical, radio stations:
the Sudan Interior Mission-sponsored ELWA and Radio Baha ' i .
In practice, sessions of the Liberian legislature remain
closed to the public, a restriction of the constitutional
right of citizens to be informed about their government. In
the waning days of the 1989 legislative session, a bill was
passed creating a national "Communications Commission" to
"monitor and control" the Liberian media. Although the
Commission will have a few members representing private
entities, and all of the Board's decisions may be appealed to
the courts, the independent press believes the Commission
could be used as a censorship tool. The Board will have the
power to impose fines and revoke operating licenses; its
members will be presidentially appointed, mostly from the
ranks of government officials, and its head will be the
Minister of Posts and Telecommunications (PTT) . One of the
organizations to be represented on the board, the Press Union
of Liberia (PUL), has already declared that it will not
participate due to what it considers to be the
unconstitutional mandate of the Commission.
The PUL has been outspoken on a number of media-related issues
but also has cooperated with the Government. An agreement
between the PUL and MICAT for the joint accreditation of
journalists has been in place since May, and at the end of the
year there had been no reported problems with attempts to
revoke or deny credentials. In May the PUL sponsored a
seminar on "The Rule of Law in a Democratic Society" in which
speakers discussed frankly the need for strict adherence to
the rule of law and specifically criticized the Government for
various failures to do so.
Academic freedom is limited. The firing last year of a
University of Liberia professor for political statements has
inhibited some other academics. All student politics were
banned in 1988 by Executive Order Number Two of that year, and
the ban on student politics has been incorporated into the
University of Liberia's handbook of rules and regulations.
Although technically that executive decree has expired, two
students were suspended from the University of Liberia in
October, and three students were detained without charge for 2
weeks for attempting to revive a student organization. There
are no functioning student political organizations, and there
has been virtually no open political activity on the
University of Liberia campus. The Government initiated an
investigation when an NDPL official alleged that opposition
United Peoples Party (UPP) teachers had "infiltrated" the
schools in rural Rivercess County for political purposes.
b. Freedom of Peaceful Assembly and Association
"The Constitutional right to peaceful assembly and association
is observed more often in urban areas than in rural areas.
Permits must be acquired for public marches and
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demonstrations; however, no political party or other group
attempted to organize any significant demonstrations in 1989.
In 1989 legal opposition groups did conduct public and private
meetings and other organizational activities in the Monrovia
area without interference from the Government. Freedom of the
opposition to organize and operate in the rural areas is
largely dependent on the tolerance of local officials who have
considerable discretion in dealing with strictly local
issues. The opposition UPP party held several rallies in
rural areas in July, with no immediate interference from the
Government, although some participants later reported
harassment. According to Human Rights Watch, the Government
employs intermittent surveillance of opposition figures and
the harassment, including arbitrary detention, of many
political party members to limit the effectiveness of
opposition activity. The U.S. Embassy has no record of party
activists being detained in 1989.
A 1986 Supreme Court ruling banned the "Grand Coalition," an
ad hoc coalition of the three opposition political parties,
claiming it was not organized in accordance with the Election
Commission's (ECOM) rules. In July 1989, the heads of the
three major opposition parties announced plans to hold a joint
meeting, and the elections commission declared that any such
meeting would constitute an illegal revival of the banned
"Grand Coalition." President Doe, however, reversed the ECOM
decision, and the meeting went ahead with no further
government interference. Leaders of the various political
groupings meet on an informal basis without overt government
interference. Opposition activists complain of government
harassment, including dismissal from employment, but some
prominent opposition members hold government jobs. Civil
servants are not forced to join the NDPL, but it is highly
advantageous for career advancement.
The Government initiated in 1988 a check-off system for party
dues to be deducted from civil servants' paychecks, but
participation has thus far been voluntary and erratically
conducted. Opposition politicians complain that the
Government's ability to award jobs and other patronage gives
the NDPL an unfair and unconstitutional advantage. The
opposition UPP has demanded that NDPL organizers desist from
solicitation of funds from local businessmen, an activity
prohibited by the Constitution. ECOM has supported the UPP
position, although solicitation may still occur under other
guises .
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
The Constitution states that freedom of religion is a
fundamental right of all Liberian citizens, and in practice
there are no restrictions on this right. No religion has
preference over others, and there is no established state
religion. Christianity, brought by 19th-century settlers and
spread through the interior by missionaries, has long been the
religion of the political and economic elite, and many public
figures refer to the "Christian principles" on which Liberia
was founded. The majority of the rural population continues
to practice traditional religions. Approximately 25 percent
of the population is Muslim. The Liberian Council of
Churches, an organization composed of most of the Christian
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LIfi££IA
denominations in Liberia, occasionally plays a prominent role
in national affairs.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution provides every person the right to move
freely throughout Liberia and to leave or enter the country at
any time. Domestic movement, however, is still impeded by a
network of internal checkpoints. The number of such
checkpoints decreased sharply in late 1987 but rose again in
reaction to alleged coup plots in 1988 and large-scale rice
smuggling in 1989. Police and military personnel at these
checkpoints routinely search vehicles and often solicit bribes
from passengers.
Exit visas are required for all Liberians and most
non-Liberians leaving the country. These are routinely
issued. A prominent Liberian dissident living in the United
States asserted in 1989 that the Government had denied her a
passport. There were no reported restrictions on the foreign
travel of Liberians in 1989. Despite allegations by human
rights groups that the Government maintains a "black list" of
persons who may be denied permission to travel or who may be
arrested upon their return, there is no evidence of the
existence of such a practice.
There are 247 refugees in Liberia. Refugees are not forced to
return to the countries from which they have fled. In a few
cases in past years, however, the Government sought to deport
refugees who became involved locally in political activities.
As a result of year-end violence in Nimba County, tens of
thousands of residents fled to neighboring countries.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Despite universal suffrage and constitutional guarantees of
free and fair elections, there is serious doubt that Liberian
citizens are free in practice to change their government
democratically. The only national election since the 1980
coup perpetuated the rule of President Doe and was widely
believed to have been fraudulent. The Liberian Government is
structured along the lines of the American model, with three
separate but theoretically equal branches of government,
including a bicameral legislature. In practice, the executive
branch, and the President in particular, has a preponderant
share of power. In recent years the number of military men in
government has declined, but the military remains a major
force in support of the Doe Government.
The legislature (26 senate seats, 62 house seats) is subject
to inordinate executive influence, and lacks the
assertiveness, resources, and political will to play its
constitutionally mandated role of coequal in governance. In
1989 it passed a number of executive-sponsored bills with
little or no debate, confirmed virtually all presidential
appointments sent before it, and failed to promote any
significant legislative initiatives of its own. The
executive, moreover, regularly took budgetary and other
actions which the Constitution gives exclusively to the
legislature. Opposition parties formally continue to boycott
the legislature. A small number of legislators, elected in
1985 on opposition tickets, but taking seats as independents,
functions as an informal opposition grouping. Its
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LIBERlh
effectiveness was undercut in 1989 due to the death of its
most prominent member and numerous defections to the NDPL.
The Constitution provides for an Elections Commission to
monitor all political activities in the country. The
elections law empowers the Commission to certify parties,
conduct all elections, and count election ballots. The five
commission members are appointed by the executive for life and
currently are all former members of the ruling NDPL. Citing
the widespread fraud that occurred during the 1985 elections,
the opposition has in the past called for an independent
vote-counting mechanism. When the deaths of two legislators
necessitated by-elections in two counties in October 1989, the
opposition UPP asked ECOM to amend elections procedures as a
de facto condition for participation in the by-elections.
ECOM denied any need for changes, and all opposition parties
boycotted the by-elections where two NDPL candidates ran
virtually unopposed.
The Constitution prohibits creation of a one-party state.
Four political parties are officially recognized by the
Elections Commission — the ruling NDPL, the United Peoples
Party (UPP), the Liberia Action Party (LAP), and the Unity
Party (UP). The level of activity of the three opposition
parties varies, but in the last 2 years each held conventions
or other large party gatherings and expressed its views freely
in the press and at public forums. A lack of financial
resources crippled their activities, however, and prevented
the publication of newsletters on a regular basis. Although
the UPP expressed willingness to participate in electoral
politics for a few years after the disputed election of 1985,
and did participate in one by-election, it abandoned its
policy of seeking cooperation in late 1988 and joined with the
other two opposition parties in 1989 to boycott the 1989
by-elections .
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
In recent years the Government has permitted representatives
of various organizations, including Amnesty International (AI)
and the International Committee of the Red Cross (ICRC), to
visit Liberia and investigate alleged human rights
violations. While it did not respond directly to inquiries
from AI about the conduct of General Allison's trial, it
permitted a visit by representatives of the Lawyer's Committee
for Human Rights at the end of the year.
Although no Liberian organizations currently exist for the
express purpose of monitoring human rights developments, the
Press Union of Liberia, the Liberian Bar Association, and the
Liberian Council of Churches have spoken out on human rights
issues in recent years. The Liberian Red Cross routinely
visits prison facilities, mostly in the Monrovia area, and in
1988 was permitted for the first time in recent memory to
carry medical and sanitary supplies to the isolated maximum
security prison at Belle Yella.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Constitution states that "only persons who are Negroes or
of Negro descent" shall qualify by birth or naturalization to
be citizens of Liberia. The Constitution further states that
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LIBERIA
only Liberian citizens can own real property. These
provisiTjns discriminate against many nonblack residents who
were born in Liberia and consider it their home. Otherwise,
there is no officially sanctioned discrimination on the basis
of race, religion, language, or social status. However,
members of President Doe's Krahn ethnic group hold a
disproportionate share of high posts in the Government and
military and are widely believed to receive preference in
competing for lower level jobs.
The status of women varies by region, but sexual
discrimination is widespread. In urban areas and along the
coast, women can inherit land and property. In interior
areas, where traditional ties are stronger, a woman is
normally considered the property of her husband and his clan
and is not usually entitled to inherit from her husband. In
newly urbanized areas, many women are subject to both
customary and statutory legal systems.
Violence against women, including wife beating, occurs, but as
there are no statistics available, the extent of the problem
is not known. Police do not normally intervene in domestic
disputes, and cases rarely come before the courts. Female
circumcision is widely practiced by the majority of Liberians
who follow traditional religions and is tolerated by
government authorities.
Section 6 Worker Rights
a. The Right of Association
The Constitution states that workers have the right to
associate in trade unions. Over 20 labor unions are
registered with the Ministry of Labor, representing roughly 15
percent of the monetary sector work force. Ten national
unions are members of the Liberian Federatibn of Labor Unions
(LFLU), an affiliate of the International Confederation of
Free Trade Unions. The Government does not recognize the
right of civil servants or employees of public corporations to
unionize or to strike. Many such employees, including
teachers and port workers, are represented by employee
associations. The American Federation of Labor and Congress
of Industrial Organizations maintains that the invalidation of
the teachers' union charter constituted government
interference with members rights to establish organizations of
their own choosing.
Although organized labor historically has not had great
influence in national politics, in recent years it has begun
to assert itself on issues affecting workers' interests.
During 1989 the LFLU was again active in lobbying the
legislature to pass the new labor code. The code, drafted in
1986 with the cooperation of Liberian unions and the
International Labor Organization (ILO), would repeal PRC
(military) Decree 12 outlawing strikes. It had been awaiting
legislative action for 3 years. The House passed the bill in
the last week of the 1989 session, and the Senate was
scheduled to take it up early in 1990. Labor unions are
constitutionally prohibited from participation in party
politics .
In July the Supreme Court put an end to a dispute over the
LFLU's May 1988 elections that had been running for more than
a year. The losing candidates in those elections had appealed
to a civil magistrate and then to the Supreme Court in an
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LIBERIA
attempt to have the election overruled. The Supreme Court
eventually rejected the appeal on technical grounds, leaving
in place the magistrate's decision that the matter was an
internal union affair that the Government had no reason to
judge.
Promulgated in 1980, PRC Decree 12 outlawing strikes and any
other type of labor unrest is technically still in effect,
although there were no significant strikes in 1989 to test the
Government's December 1988 assertion that unions are free to
strike .
b. The Right to Organize and Bargain Collectively
With the important exception of civil servants and employees
of public corporations, workers have the right to organize and
bargain collectively. In contrast to 1988, there were no
reports of government interference in union organizing
activities in 1989. The Government promotes union/management
negotiations and sometimes provides mediation for disputes
arising out of such negotiations. Associations represent
worker interests with government and management.
The ILO Committee of Experts (COE) has noted that current
labor legislation provides insufficient guarantees against
antiunion discrimination and supports the passage of the new
labor code as a partial remedy.
Labor laws and practices are applied uniformly throughout the
country, including in the unique export processing zone.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced labor, and the practice is
firmly condemned by the Government. The COE, among others,
has raised questions abgut the degree of enforcement of that
prohibition, especially on rural community development
projects. In a broader context, the Government has indicated
that the draft labor code will provide for penal sanctions in
cases of illegal use of forced or community labor.
d. Minimum Age for Employment of Children
The Government prohibits employment of children under the age
of 16 during school hours. Enforcement, which is limited, is
primarily aimed at the wage sector. There is no enforcement
for the many children engaged in the large subsistence farming
sector. Only a minority of children regularly attend school.
e. Acceptable Conditions of Work
The labor law provides for a minimum wage, paid leave,
severance benefits, and safety standards. The minimum wage
for agricultural workers is approximately $0.90 cents per day
at the unofficial exchange rate. Industrial workers generally
receive three or four times this amount. The minimum wage
would not, by itself, be sufficient to insure an adequate
standard of living for a worker and his family, but many
families have other sources of income or receive support
through an extended family system. The maximum hours of work
which an employer can require are 8 hours per day or 48 hours
per week. Safety standards are not rigorously enforced. A
new national pension scheme was implemented in 1988 in which
most workers and employers are required to participate.
193
MADAGASCAR
The Democratic Republic of Madagascar, the fourth largest
island in the world, is governed by a president and a
parliament (National Popular Assembly), both elected by direct
universal suffrage. The President selects the members of the
Supreme Revolutionary Council (SRC), the highest policymaking
body. President Didier Ratsiraka, in power since 1975, has
broad constitutional powers, and his position is further
strengthened by the influential role of his political party,
the Vanguard of the Malagasy Revolution (AREMA) , which holds
an overwhelming majority in the National Popular Assembly.
Prior to December 1989, only the eight parties making up the
National Front for the Defense of the Revolution were
permitted to engage in political activity. The Front,
established in 1976 by the Malagasy Constitution, was
conceived as a unifying framework — a form of single confederal
party — for building socialism and protecting the "Socialist
Revolution" in Madagascar while allowing for party diversity.
The political orientation of the eight parties in the National
Front ranges from moderate and pro-Western to radical and
pro-Soviet. The President and his party gained major
victories in bitter 1989 elections, which resulted in further
sharp divisions between party leaders of the Front and called
into question the future of this unusual institution. As a
result on December 20 the National Assembly amended the
Constitution to remove the Front's special status.
The Malagasy internal security system is composed of the urban
police force and the National Gendarmerie, the latter having
jurisdiction in the provinces. On occasion, the National
People's Army is also used for internal security purposes.
Agriculture dominates the Malagasy economy, employing some 85
percent of the population and providing about 80 percent of
the country's export earnings. Since 1982 the Government,
with the assistance of the International Monetary Fund, began
to introduce a long-term austerity reform program, inter alia,
to stimulate declining agricultural production in basic
commodities, especially rice. Despite some progress, economic
growth (1.8 percent in 1988) has not kept pace with population
growth (3 percent), real incomes have declined, and
unemployment remains high, especially among youth (60 percent
of the population is under age 25). As a result, the
Government's reform program became a major issue in the 1989
presidential and parliamentary elections.
Although a wide range of fundamental liberties and individual
rights are called for by the Constitution, there continued to
be human rights abuses including extrajudicial killings and
mistreatment of prisoners, significant restrictions on
freedoms of speech, press, and assembly, and questions as to
the ability of citizens to change their government through
free and fair elections. However, in February the President
did suspend censorship of the media. While there were
numerous charges of voting irregularities following the hotly
contested presidential race, which was won by the incumbent
President with 63 percent of the vote, these elections
probably were less subject to manipulation than earlier ones
due to the monitoring role played by several independent
organizations. Still, there were large demonstrations against
the outcome, which resulted in violent clashes with police.
Officially, 5 persons died, 70 were wounded, and 64 people
arrested. In 1989 the Government scaled back its rural
security campaign against bandits after extensive charges
emerged in 1988 of summary executions by security forces.
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RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There have been recurring rumors of politically motivated
killings in recent years, but little evidence to substantiate
them. During a press conference in August 1989, the President
stated that there had been a bomb attempt on his life and that
there had been a plot to kill Monja Jaona, an aging opposition
leader, and cast blame on the President. However, there was
no known followup investigation of these charges.
In 1988 military and police forces undertook a major campaign
to eradicate the well-armed and burgeoning cattle rustling and
banditry endemic to the southern areas of Madagascar,
resulting in on-the-spot executions of captured bandits. In
July 1988, Interior Minister Ampy Portos announced that 205
bandits had been killed in government-directed security
operations. A number of human rights groups, such as Amnesty
International (AI), criticized the summary execution of
bandits by the security forces, but there appeared to be no
major domestic opposition to the government policy of taking
forceful actions against the bandits. However, in 1989 the
Government sharply reduced the scope of these operations,
although reports of banditry increased at the end of 1989. A
1989 trial brought to the surface allegations of military
involvement in cattle rustling operations and connected arms
trafficking (see Section I.e.).
b. Disappearance
There were no known cases of politically motivated
disappearance. However, press reports in August 1989 raised
questions about the whereabouts of a university student leader
arrested in June and detained at the prison of Tsiafahy.
Reportedly, he opposed a proposed Government reform plan for
the university. The student, Cyrille Rasambozafy, may have
escaped in a major prison break at Tsiafahy in July. The
student's parents claim that they have not heard from him
since his arrest and fear he may still be held by the
authorities. The Government has not responded in any way
regarding the missing student.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
While there were no documented cases of physical torture
occurring in Madagascar, some organizations in the security
apparatus, notably the state secret police, have a reputation
for ruthless methods. There have also been credible reports
that the armed forces used torture in the Government's
campaign against outlaw bandits in Madagascar's southwest.
Malagasy prisons are increasingly inhumane in terms of living
conditions. Some prisoners are not fed regularly, hygiene is
totally lacking, and medical care is not provided. As a
result, prisoners suffer a range of medical problems from
malnourishment and infections to malaria and tuberculosis.
The death toll rises significantly among prisoners during the
cold winter months. The Minister of Justice has appealed for
foreign assistance to ameliorate these conditions by making
prisons self-supporting agricultural and small industrial
units .
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d. Arbitrary Arrest, Detention, or Exile
In a normal criminal case, the accused must be charged or
released within 3 days after arrest. Generally, defendants in
ordinary criminal cases are charged formally within the
specified time frame and, upon being charged, are allowed to
obtain an attorney. Counsel is readily available, and
court-appointed counsel is provided for indigents.
Under Malagasy law, persons suspected of activity against the
State may be detained incommunicado for 15 days, subject to
indefinite extension if considered necessary by the
Government. In particular, the Government has held detainees
in security cases for extended periods, as with 37 kung fu
adherents held from 1985 until their trial and eventual
release in 1988. (In 1984-85, these martial arts enthusiasts
had been involved in street fighting with a paramilitary youth
group and the army.) Also, certain defendants involved in
coup-plotting cases have been held in pretrial detention for
periods ranging from 20 months to over 5 years.
Since the release of the kung fu defendants, there has been no
evidence of other arbitrary political detentions. The
Government briefly detained a number of persons after massive
demonstrations held in April to protest the presidential
electoral outcome and government economic policies.
Exile has not been used as a means of control in the recent
past.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
The Malagasy Constitution provides for an independent
judiciary, and in practice the judiciary seems to function in
most cases vjithout outside influence from the executive. The
judiciary has three levels of courts: lower courts for civil
and criminal cases carrying limited fines and sentences; a
court of appeals which includes a criminal court for cases
bearing sentences of 5 years or more, and a Supreme Court.
The judiciary also has a number of special courts designed to
handle specific kinds of cases under the jurisdiction of the
higher courts. A Constitutional High Court, with a totally
separate and autonomous status, may review the
constitutionality of laws, decrees, and ordinances and ensures
the legality of elections.
A Military Court has jurisdiction over all cases involving
national security. The definition of national security is
largely a matter of interpretation by the authorities but
includes acts constituting a threat to the nation and its
political leaders, invasion by foreign forces, and riots that
could lead to an overthrow of the Government. In exceptional
cases, civilians may be tried in the Military Court if they
are charged with having broken military laws.
Military courts, like civilian courts, provide for an appeals
process. Furthermore, military courts are presided over by a
civilian magistrate. The rank of the four military officers
comprising the court is determined by the rank of the accused.
In 1989 two bandits accused of the mass-murder of 11 persons
for the proceeds from a cattle sale were tried and sentenced
to death by a military court. While the death penalty is
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legal in Madagascar, it has not been carried out since 1947.
The particular viciousness of this crime and the popular
outrage it evoked may result in these death sentences being
carried out. The trial, known as the "keliberano affair,"
also brought to the surface allegations of military
involvement in cattle rustling operations and connected arms
trafficking. The presiding judge called for an investigation
and a hearing on these charges. On November 15 the court of
Fianarantsoa rendered light sentences of 6 months to a year
for those involved in supplying the weapons used in the
keliberano killings.
There are currently no known political prisoners in Madagascar.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The State does not generally intervene in nonpolitical aspects
of the lives of the people. The home is traditionally
inviolable under Malagasy law. However in December 1989,
Article 42 of the Constitution was amended to permit
authorities to enter the home in cases of persons caught in
the act or where the occupants explicitly consent to a
search. In their suppression of cattle rustlers and bandits
the military have entered some homes without court orders and
ransacked them.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
These freedoms remain significantly restricted despite the
loosening of press censorship. Private citizens who criticize
government officials or policies must choose their words
carefully; direct criticism of the President or the "Socialist
Revolution" is not tolerated.
The broadcast media are under state control and provide
positive coverage of the Government's activities. While the
opposition received some coverage in the presidential and
legislative elections of 1989, many observers felt that it was
dwarfed by the nightly reports on the activities of the
President and his AREMA Party.
In past years, the Ministry of Interior has reviewed and
censored the content of newspapers prior to printing. On
February 19, 1989, the President suspended censorship
restrictions on the print media, and journalists have
cautiously been testing their newfound freedom. To become
permanent, this suspension still requires passage of a law by
the National Assembly. Thus, there is a moratorium on
censorship, and the President's ability to restore controls at
a moment's notice continues to moderate press criticism and
comment of Government policies. The press, in contrast to
television and radio, did give broad coverage to the election
campaigns and related demonstrations.
In 1988 the Government allowed previously barred journalists
from a foreign newspaper to visit Madagascar, and it lifted an
8-year-old ban on the Paris-based weekly Jeune Afrique. There
is one government-owned newspaper and two major independent
dailies. Several other dailies and weeklies are published by
party groups and independent publishers, including the
outspoken and candid Catholic newspaper, Lakroa.
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Academic freedom is restricted by a constitutional prohibition
on any public lectures or teachings which condemn Madagascar's
Charter of the Socialist Revolution.
b. Freedom of Peaceful Assembly and Association
The rights of assembly and association are restricted.
Permits are required to hold public meetings and can be denied
by the Government if officials believe that the meeting poses
a threat to the State or endangers national security. Those
denied a permit can appeal these decisions before the
administrative chamber of the Supreme Court. Persons and
groups belonging to parties of the National Front are
permitted to organize and assemble. Nevertheless, since
political activity by groups outside the National Front was
prohibited, dissenting political opinion has been limited. In
1988 the Government banned an organization affiliated with the
Catholic Church (the CEADAM) from holding a national political
debate on the state and future of the nation.
Madagascar's campuses continue to constitute a major source of
instability for the Government. The range of problems runs
from inadequate finances and logistics to overcrowding, ethnic
tensions, and squatters. While the widespread student unrest
which took place in 1987 has not recurred, the University of
Antananarivo campus became the site for popular demonstrations
against President Ratsiraka's reelection in April 1989.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
The Government is secular, and there is ho official religion.
There is no discrimination on the basis of religious
affiliation, and people are free to follow the faith of their
choice. Over half of the population is Christian, with the
remainder following traditional Malagasy religious beliefs or
other faiths. Missionaries and clergy are generally permitted
to operate freely.
During the visit of Pope John Paul II to Madagascar in late
April, several days of violent political demonstrations,
protesting the presidential election results, were suspended
by the opposition to ensure a peaceful visit.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Officially there is no restriction on travel within the
country. However, since May 1988, the start of the campaign
to eradicate cattle rustling, villagers in the southwest
reportedly must get permission to leave their villages. For
all Malagasy, official approval must be obtained for trips
outside the country. Foreign travel is impeded by the
difficulty of obtaining foreign currency. The Malagasy franc
is not convertible abroad, and the Government limits the
amount of hard currency that can be obtained for foreign
travel. There is no refugee population in Madagascar.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The right of citizens to change their government was called
into question by widespread allegations of fraud in the
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presidential elections. Moreover, the electorate's choice had
been constrained by the nature of the political system since,
prior to December 20, 1989, the only political parties allowed
to operate had to be members of the National Front. The
situation is, however, expected to change when new
implementing decrees are elaborated to define political
activity outside the Front (see below). The electoral process
provides the voters a chance to choose among candidates
expressing differing views in local and regional elections, as
well as in the parliamentary and presidential campaigns. The
137 members of the National Popular Assembly are elected by
universal suffrage for 5-year terms. The President is elected
to a 7-year term. The President's party has total political
control of the apparatus of government. This is partly due to
political apathy and a sense of defeatism as expressed in
increasing voter absenteeism which reached over 50 percent in
the last round of local elections. The President controls all
major policy decisions. Most legislation is initiated by the
executive branch.
On March 12, 1989, some 4.7 million Malagasy went to the polls
to choose from among four presidential candidates. According
to the official results, pronounced a month later by the
Constitutional High Court, President Ratsiraka won a third
consecutive 7-year term with an absolute majority of 63
percent of the votes cast. There was widespread
dissatisfaction with this outcome. Opposition leaders claimed
fraud and organized rallies protesting the election results,
violent demonstrations erupted and claimed four or five
lives. The election results were subsequently contested in
the Constitutional High Court, which sustained voter
irregularity appeals in 43 cases of the several hundred
brought before it. Most of the challenges were denied on
technical grounds (e.g., improper filing procedures). The May
28 legislative elections reinforced the President's hand as
his AREMA Party consolidated its already preponderant hold on
the Assembly with a 120-seat victory. The legislative
elections were peaceful. However, due to widespread voter
dissatisfaction as evidenced in the earlier presidential
elections, there was a low voter turnout. In September local
government elections were marked by an even lower voter
turnout and led to further AREMA party consolidation.
On December 20, 1989, the National Assembly amended the
Constitution. Tt rescinded Articles 9 and 29 concerning the
Front which results in this institution no longer being an
official institution of the Malagasy Government but rather a
simple alliance of parties which support the President and his
Socialist policies. New parties may also now apply to join
the Front. Furthermore, an amendment to Article 8 allows for
opposition parties to exist outside the Front. However,
opposition parties must not have as their objective the
undermining of the unity of the nation or as their platform a
separatist ethnic, tribal, or religious character. Moreover,
a revised Articie 16 states that opposition parties cannot
oppose Malagasy socialism by illegal or violent means.
Section 4 Governmental Attitude Regarding International and
Nongoverrunental Investigation of Alleged Violations
of Human Rights
The Government has not officially cooperated with groups,
either externally or internally based, wishing to investigate
alleged human rights violations and has denied visas to AI
representatives. In 1989 the President ruled out the
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suggestion that international observers be present at the
polls on March 12, saying that the Malagasy are quite capable
of managing their own electoral affairs. Originally, the
Union of Malagasy Opposition in Exile (based in Paris) made a
public call in 1988 for the presidential elections to be
overseen by U.N. observers.
Human rights organizations are considered to be political
groups under Malagasy law and must therefore be sponsored by
one of the parties belonging to the National Front. Under
these circumstances, only one human rights organization is
currently operating in Madagascar: The Malagasy National
Committee for the Defense of Human Rights which was founded in
1988 and is affiliated with the VITM Party, one of the smaller
parties. Some of its members are also on the National
Committee for Election Observation which monitored
electioneering in 1989.
The Christian churches in the country have taken the lead in
advocating human rights and play an important supplementary
role in monitoring human rights concerns. The Christian
Council of Churches in Madagascar (FFKM) is a major
organization in this regard. In February 1988, the FFKM
monitored the celebrated kung-fu trial to assure that due
process was provided to the 245 accused. It also provided
lodging and food for the defendants. In 1989 this
organization provided a monitoring role, where possible, in
the presidential and legislative elections. It also
publicized and condemned tho.se irregularities which it
witnessed.
Madagascar is a member of the United Nations Human P.ights
Commission.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Madagascar is inhabited by an estimated 10.3 million people of
both Malayo-Polynesian and African origin. While there
appears to be no customary practice of institutional or
systematic discrimination on the basis of ethnic grouping in
Madagascar, a serious outbreak of violence and plunder of
Indo-Pakistani-owned property occurred across Madagascar in
March 1987. This prosperous community, estimated at some
24,000 persons of Indo-Pakistani origin and referred to
locally as "karana," is primarily engaged in commerce. While
no Indo-Pakistanis died in these riots, several looters were
killed, many were wounded, and property damage was great. The
simultaneous outbreak of these riots in cities across the
island and the relative absence of damage outside the
Indo-Pakistani community gave rise to some speculation that
these incidents had been carefully coordinated and organized
by the Government. The Chinese and French communities also
have experienced some resentment from the Malagasy, mainly
because of their success in commerce.
Women have traditionally played a prominent role in the
business and economic life of the country, with many of them
managing or owning business concerns or filling management
positions in state industries. Education at all levels is
open to women. However, women in rural areas and among the
urban poor face a greater degree of hardship. In addition to
the responsibilities associated with raising a family, the
realities of subsistence agriculture force these women to
engage in farm labor and related activities.
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While women are not discriminated against in the workplace,
discrimination does exist in marriage and property rights. In
the case of divorce or the death of the husband, the wife
inherits only one-third of their joint wealth. On the other
hand, the wife receives a pension if her husband dies, but the
reverse is not true. Women's rights groups do not exist, but
groups of professional women and women within the political
parties are working to change these aspects of family law. On
December 12, 1988, Madagascar became a signatory of the U.N.
Charter on Eliminating Discrimination Towards Women.
According to various sources, including magistrates,
journalists, and women doctors, violence against women, such
as wife beating, is not widespread, and neither the Government
nor party womens ' organizations have addressed this issue
specifically. The society frowns on marital confrontation.
Married couples generally prefer to avoid divorce and, if
necessary, to live separate lives under one roof. In very few
divorce cases is there an allegation of physical abuse that
could be construed as wife beating. In the rare cases where
this condition is detected, police and legal authorities do
intervene. However, there is no law dealing specifically with
violence against women. Female circumcision is not practiced
in Madagascar.
Section 6 Worker Rights
a. The Right of Association
The Malagasy have the right to establish and join labor
unions. However, the labor force of 4.9 million is mostly
agrarian (85 percent), and unionized labor accounts for less
than 5 percent of the total. Seven of the national labor
organizations in existence are affiliated with the eight
political parties within the National Front for the Defense of
the Revolution. Two independent unions in 1979 signed a
protocol of agreement with the dominant political union
belonging to the President's party, pledging support for the
Malagasy "Socialist Revolution." The primary focus of the
unions is party politics, and they are usually active only
during election campaigns. Overall, labor unions play an
insignificant role in national life.
Public servants may not form independent trade unions but may
join "Malagasy Revolutionary Organizations" (ORM's) under the
supervision of the Government. Under the Charter of Socialist
Undertakings of 1978 workers' committees are established, but
preferential access to these is extended to the members of
trade unions belonging to one of the ORM's of the National
Front for the Defense of the Revolution. In 1989 the
Committee of Experts of the International Labor Organization
(ILO) asked the Government to take appropriate measures to
ensure that public servants can establish organizations
without prior authorization or other restrictions. It also
asked the Government to introduce legislation explicitly
guaranteeing the trade union rights of seafarers.
Workers have the right to strike, but in reality, strikes in
Madagascar are a rarity because of the severe unemployment
problem and the politicization of the labor federations.
However, there are occasional wildcat strikes. In these, the
Government generally sides with management for the restoration
of order. The Labor Code, which covers all workers except
civil servants and merchant marine employees, prescribes an
arbitration procedure which must be followed in
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labor/management disputes. Should this procedure not lead to
a settlement, workers individually, or as represented by a
union, may call a strike.
In 1989 the SECES, a labor union comprised of university
professors and researchers, went on a major strike over its
dissatisfaction with general working conditions at the
nation's six universities. It used the withholding of
examination results from students as leverage in its dealings
with Ministry of Higher Education officials. On August 26, a
communique issued by the SECES explained that the freeze on
examination results had been lifted because some of its
demands had been met.
Several of the unions are members of the Communist-controlled
World Federation of Trade Unions or of the World Confederation
of Labor. One union, the Confederation of Malagasy Workers,
has links with the International Confederation of Free Trade
Unions .
b. The Right to Organize and Bargain Collectively
Union activity is governed by the Malagasy Labor Code of May
18, 1975, which guarantees free unions and the right to
bargain collectively. Article 4 of the Labor Code formally
prohibits antiunion discrimination by employers against union
members and organizers. According to Article 132 of the Labor
Code, collective bargaining may be undertaken between
management and labor at either party's behest. When there is
failure to reach agreement, the Ministry of Labor convenes a
nonconciliation committee which attempts to resolve
differences. If this process fails, the committee refers the
matter to the chairman of the First Circuit Court for final
arbitration.
There are no export processing zones in Madagascar, although
legislation providing for such zones was approved by the
National Popular Assembly at the end of 1989.
c. Prohibition of Forced or Compulsory Labor
Forced labor is explicitly prohibited by Article 2 of the
Malagasy Labor Code. There is no forced or compulsory labor
in Madagascar within the definition set forth by the ILO.
Madagascar is a signatory to ILO Convention 29 prohibiting
forced labor.
d. Minimum Age for Employment of Children
The Malagasy Labor Code describes a child as any person,
regardless of gender, under the age of 18. The minimum age
for employment is 14, but the use of child labor is prohibited
in those areas where there is apparent and imminent danger.
The Government enforces these child labor laws in the small
wage sector through the Ministry of Civil Service, Labor, and
Social Law. However, in the large subsistence agricultural
sector many young children work with their parents on family
farms at much earlier ages. Similarly, in the urban areas
many children earn a living as parking attendants, newspaper
vendors, etc.
e. Acceptable Conditions of Work
The Malagasy Labor Code and its enforcing legislation describe
the working conditions for employees. Malagasy law
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MADAGASCAR
distinguishes between agricultural and nonagricultural work.
There is a 44-hour workweek in nonagricultural and service
industries. There are also provisions for holiday pay, sick
and maternity leave, and insurance. There are several minimum
wage rates in Madagascar according to categories of work. The
lowest (for unskilled workers) is approximately $20 per month
and is inadequate to ensure a decent standard of living.
Accordingly, most workers must supplement their incomes
through subsistence agriculture or reliance on the extended
family structure.
The Labor Code has rules concerning building safety, machinery
and moving engines, operational safety, and sanitation
standards. It appears that, in practice, the rules and
regulations of the Code are adhered to by employers and are
enforced by the authorities. Labor inspectors from the
Ministry of Civil Service, Labor, and Social Law carry out
regular visits to industrial work sites. Violations of
safety, sanitary, operational, and other Work Code laws are
the subject of reports by these inspectors. If the violations
are not remedied within a specified time frame, the violators
are legally charged and subject to various penalties.
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MALAWI
Virtually every aspect of Malawi's first 25 years of
independence — political, economic, and social — has been
dominated by Dr. H. Kamuzu Banda, who led the country to
independence in 1964 and was proclaimed "Life President" in
1970. The sole legal party is the Malawi Congress Party
(MCP) , to whose Central Committee the Cabinet and Parliament
are subordinate. Only candidates selected by the MCP and
approved by the President are allowed to run in parliamentary
elections, last held in 1987. Constitutional amendments and
laws passed by the Parliament mirror decisions already taken
by the President and his close advisers.
Military, police, and party security organs closely monitor a
wide range of activities, particularly opposition to the
Government .
Malawi, a small, densely populated, landlocked country with
few exploitable resources and a high population growth rate,
possesses no significant mineral resources or industrial
sector. It is heavily dependent on agriculture for export
earnings and employment. Sound agricultural policies have
produced a food surplus, despite an influx of 800,000 refugees
in recent years, high transportation costs resulting from
closure of the rail routes through Mozambique (owing primarily
to the Mozambican civil war), and earthquakes and floods in
1989. Its fiscally sound policies have enabled it to qualify
for special International Monetary Fund assistance.
Malawi's human rights performance is the reverse of its
economic achievements and its exemplary handling of one of the
world's largest refugee feeding programs. In 1989 the
observance of human rights deteriorated as a leading political
dissident was murdered, and arbitrary detention continued to
be used to suppress any sign of dissent. Other major abuses
included: mistreatment of prisoners and life-threatening
conditions in prisons; lack of fair trials; interference with
privacy; severe restrictions on freedom of speech and press,
assembly and association, and the right of citizens to change
their government; and serious discrimination against
northerners .
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Some human rights organizations claim that a journalist named
Osborne Mkandawire died in prison in November 1988. After
extensive research, the U.S. Embassy was unable to identify
such a person, although a retired journalist named Mkandawire
did die of natural causes in his native village. In another
incident, Fred Sikwese, a Ministry of External Affairs
officer, was detained in February 1989, reportedly for
espionage or embezzlement. He died the following month.
Amnesty International (AI) alleges torture. Government
sources claim natural causes but denied the family access to
Sikwese 's body.
Dissident Mkwapatira Mhango, Publicity Secretary of the
Malawian Freedom Movement (MAFREMO) , and most of his family
were murdered on October 13 when his home in Lusaka, Zambia,
was firebombed. It followed by a few weeks President Banda 's
public complaint that Mhango was among those responsible for
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MALAWI
an alleged foreign press campaign against the official
hostess, C. T. Kadzamira. This, and the fact that an earlier
dissident leader was murdered in Harare in 1983 following
similar criticism from the President, led many to believe that
the act was directed by Malawian authorities. The Zambian
Government's investigation has not been conclusive, and
allegations continued to circulate. Before he died, Mhango
told a reporter that the real target may have been Edward R.
Chirwa Yapwanthwa, MAFREMO chairman, who planned to slip into
Malawi clandestinely and had been staying at Mhango ' s home.
b. Disappearance
There were no known political disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Beatings by police during arrest or detention are illegal but
occur. Responsible officials are rarely disciplined. Terms
of hard labor are the norm for common criminals. AI ' s 1989
Report focuses on harsh conditions in several prisons. AI
also reported a number of deaths in Nsanje and Dzeleka Prisons.
In 1987 Orton and Vera Chirwa were transferred from Mikuyu
prison to Zomba Central Prison where conditions were
reportedly worse. Margaret Marango Banda, an Anglican women's
leader (and Aleke Banda ' s cousin--see below) who was detained
that same year, is imprisoned with Vera Chirwa. They are not
permitted to speak with one another and are denied access to
visiting clergy. Their diet is insufficient, and Ms. Banda is
believed to be in poor health with inadequate medical
attention. The Chirwas have not been able to speak with one
another for at least 4 years and are not allowed to receive
mail from their children.
Frackson Zgambo, an airport official and football referee, was
detained with Fred Sikwese. While there have been reports of
his death, Zgambo is believed to be under detention in Mikuyu
Prison.
d. Arbitrary Arrest, Detention, or Exile
Under the Preservation of Public Security Act, the Minister of
Justice (a position held by President Banda) may order the
arrest, search, and detention of persons considered a threat
to the preservation of public order. The Act was amended in
1977 to eliminate a 30-day limit. Persons arrested under this
law can be, and often are, detained indefinitely without
charge and without trial. The President must review such
cases every 6 months, but this safeguard has had no noticeable
effect .
Still in detention at the end of 1989 were: Brown
Mpinganjira, Deputy Chief of Information, detained in 1986 for
providing information to foreign journalists; Dr. Goodluck
Mhango, a veterinary surgeon with the Malawi Young Pioneers,
detained in September 1987 because his brother (killed in
1989) wrote articles critical of the Government; Jack Mapanje,
a prominent professor and poet, also detained in September
1987 for planning to publish a volume of poetry deemed
critical of the President; Mr. Mbeye, a senior Ministry of
Finance official, detained in August 1988, reportedly for
revealing to the foreign press the cost of a presidential trip
to Great Britain; Dr. George Mtafu, Malawi's only native
neurosurgeon, arrested in early 1989 after making a
disparaging remark in a private gathering about the condition
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MALAWI
of the aging President's brain. Kalusa Chimombo, a prominent
member of the teachers' association of Malawi before his
arrest in 1978, remains imprisoned as the country's longest
serving "prisoner of conscience," according to AI .
Other persons detained in early 1989 for unknown reasons
included: Tozer Khonje, a government agronomist; Dave Mumba,
an employee of a private company; and George Thindwa, an
employee of the Ministry of Trade and Industry. Mtafu,
Khonje, and Thindwa may have been victims of an antinorthern
campaign (see Section 5). Aleke Banda, once a presidential
confidant and high-ranking official, was quietly released from
Mikuyu Prison in late 1988 and is currently under house arrest
nearby. Detained in 1980, Banda has never been charged.
AI estimates that at least 30 persons were detained in the
first half of 1989. Although Malawian secrecy makes an
accurate estimate impossible, most observers consider this is
a reliable estimate. Detentions continued, albeit at a
reduced rate, late into the year. While forced exile has not
been used as means of control, there is a small politically
motivated outward flow of persons from the country. In late
1988, the Chairman of the Malawi National Education Board,
Donton Mkandawire, was dismissed for allegedly packing the
education system with fellow northerners. Reportedly fearing
imprisonment, he subsequently fled to Botswana.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
Malawi has both traditional and modern court systems. Lawyers
are not permitted to assist defendants in regional traditional
court cases, but legal counsel is permitted in the modern
court system. The right of appeal exists in both court
systems. The judiciary is not independent, and the executive
does not hesitate to intervene in cases of interest to it,
particularly those of political or security import.
The modern court system consists of the magistrate courts, the
High Court, and the Supreme Court of Appeal. The President
appoints the Chief Justice of the High Court and, after
consultation with the Judicial Service Commission, other
modern court justices. Most are well qualified. Due to much
lower salaries, however, magistrates tend to be recent law
school graduates with no experience. This is the level at
which most poor persons (who cannot afford legal counsel)
first come into contact with the modern court system. The
latter is open to the public, and defendants are charged
publicly. Due process, however, is frequently ignored. In
1989 several municipal officials including the town clerks of
Lilongwe and Blantyre, were summarily fired. Some were
detained, then released without ever being charged. None was
permitted to defend himself in court. Several attempted to
sue the Government for wrongful dismissal, only to be informed
that their files had been closed by presidential decree.
The three traditional courts at the regional level deal with
most capital offenses, including treason (the Chirwas were
tried in a traditional court). Police officials handle the
prosecution, and defendants conduct their own defense.
Traditional court justices are appointed directly by the
President. Of the five members of each regional traditional
court, three are chiefs without formal legal training, one is
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a trained lawyer who advises the court, and the fifth, the
chairman, has had a course in law. There is little executive
interference in traditional court cases dealing in
nonpolitical matters of customary law.
The Forfeiture Act permits the Government to revoke the
property rights of those suspected of economic crimes, such as
illegal currency transactions. These revocations sometimes
have political overtones and are almost always directed
against the Asian community. When the Forfeiture Act is
invoked, the person loses all worldly possessions, including
business, financial, and personal assets. Revocation of
property rights is carried out by executive fiat with no
judicial review. The Forfeiture Act was not invoked during
1989, suggesting a government moderation in applying its
draconian measures. The courts several times tried illegal
currency cases instead. Punishments generally fit the crime.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Police can enter houses of suspects at will under special
entry authority to conduct searches for suspects or
incriminating evidence. It is generally understood that
telephones are routinely tapped and that a network of
informers reports private statements and actions to the
Government. Authorities open some domestic and international
mail .
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Government does not tolerate criticism of any kind of its
policies. It is an offense (5 years' imprisonment) to publish
anything likely "to undermine the authority of, or public
confidence in, the Government." Life imprisonment applies to
"false information" sent out of the country which is "harmful
to the interests or good name of Malawi." In practice, giving
critical information to foreign journalists results in
detention without trial. Any discussion of Malawi's political
future or speculation about the President's age is prohibited.
Local media do not submit their news and programs to the
Government beforehand, but self-censorship "guidelines" are
generally understood. Journalists, including senior editors,
have been jailed for extended periods for overstepping these
"guidelines." Malawi's two newspapeVs and government-owned
radio station exist primarily to catalog the Chief of State's
words and activities. Nevertheless, criticism of the
efficiency of some government departments occasionally appears
in the media and often in parliamentary debate.
Foreign journalists must request permission to enter Malawi
and must specify in advance the topics they intend to cover.
Correspondents from the New York Times, Washington Post, and
Financial Times visited Malawi in 1989 and wrote articles
which would have been unheard of in past years. In a major
breakthrough, two Western journalists were allowed to set up
residence in Malawi. Although a spate of critical foreign
press articles (of which they may have been innocent)
temporarily compelled the two journalists to leave the country
in October, they were allowed to return 2 weeks later.
All publications, recordings, and movies entering Malawi are
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screened by the Censorship Board. The current list of banned
items includes well over 1,000 titles.
Limited freedom of inquiry into the natural and social
sciences exists at the University and may include some
examination of radical political ideologies, provided this
does not extend to criticism of the Government.
b. Freedom of Peaceful Assembly and Association
Political meetings are not permitted outside the framework of
the Malawi Congress Party. Persons may be imprisoned if they
further the aims of an "unlawful society," defined as "any
group considered to be dangerous to the good government of the
republic." In the nonpolitical sphere, individuals and
organizations generally are free to meet and associate.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
There is no state or preferred religion, but religious groups
are required to register with the Government. Jehovah's
Witnesses, whose religious convictions prevent them from
joining political parties, have been banned since 1967. The
Government considers the Witnesses' activities to be
disruptive of "the prevailing calm, law, and order."
Witnesses continue to be arrested and charged. In 1989 a
Jehovah's Witness representative claimed that entire families
were arrested in the period 1986-88 and are still in Dzeleka
prison.
Other religious groups generally may establish places of
worship and train clergy. Religious publications, like all
others, may not criticize the Government or the party. Most
religious groups are free to establish and maintain links with
coreligionists in other countries, and members are free to
travel abroad. Malawi's sizable Muslim minority conducts its
religion and builds mosques freely. President Banda has
publicly stressed the importance of providing the same civic
services to Muslims which the Christian majority enjoys.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are few restrictions, in practice, on movement within
Malawi for most citizens, though legal provisions exist for
restricting movement of those convicted of political or
criminal offenses. However, Asian residents and citizens,
while free to travel within the country, must reside and work
in one of four urban areas (Lilongwe, Zomba, Mzuzu, and
Blantyre/Limbe) . Denial of passports on political grounds
frequently extends to family members of persons in political
disfavor and to those persons the Government suspects may
criticize it if allowed to travel abroad. Civil servants and
employees of state-owned enterprises must obtain written
permission to travel abroad, even on vacation. Obtaining such
a clearance can take from a few days to several months.
Formal emigration is neither restricted not encouraged.
Malawi hosts the largest refugee population in Africa. Nearly
800,000 Mozambicans, located in heavily populated areas with
little available land, have seriously strained the economy as
well as transportation and social services networks. The
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Government has shared its own scarce resources and has
encouraged and cooperated with international and private
voluntary organizations to operate relief efforts. The latter
are coordinated by a committee chaired by the Ministry of
Health. The United Nations High Commissioner for Refugees and
other international assistance groups travel freely to assess
relief needs and to investigate allegations of protection
problems .
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens of Malawi do not, in practice, have the ability to
change their government. Major political decisions are made
by the President or his close associates. Opposition
political parties or movements are not permitted. Membership
in the Malawi Congress Party is not legally mandatory, but it
is frequently coerced. Based on the 1987 census, over 70
percent of the adult population holds at least nominal party
membership. Membership is expected of those who aspire to
government positions (including the civil service) or
professional success. Party membership is often required of
schoolchildren and of those who seek access to government
services or entrance to local markets. The annual renewal fee
is only about 35 cents, but this can be nearly half a day's
pay for a minimum wage earner. When the President visits an
area, financial contributions from individuals and businesses
are also levied.
The party structure provides for some choice among candidates
for party, parliamentary, and other offices. All nominees,
however, are selected by the party and approved by the
President. Active political campaigning is not permitted.
The National Assembly, consisting of both elected and a few
appointed members, is mainly concerned with ratifying
government policy. Its powers are broadly based in law but
highly circumscribed in practice.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government does not permit organizations such as the
International Committee of the Red Cross and Amnesty
International to visit prisons or conduct human rights
investigations in Malawi. It does not respond to their
appeals. Local nongovernmental human rights organizations are
not permitted to exist. Expressions of interest in alleged
human rights problems by outside groups or persons are not
welcomed. Repeated diplomatic efforts to discuss the case of
Vera and Orton Chirwa with the Government have been rejected.
Separate efforts in 1989 by representatives of the U.S. and
West German Governments to discuss directly with President
Banda the Mapanje and Dr. Mtafu cases, respectively, resulted
in his angry rejection of what he termed interference in
Malawi's internal affairs.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Asian residents, whether Malawian citizens or not, have been
compelled to transfer ownership of rural shops and trucking
businesses to ethnic Africans. Strict rules governing where
Asians may own property effectively limit where they may
reside. Changes in the citizenship law in 1986 eliminated a
Lsm
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provision whereby persons who held foreign passports could
reside indefinitely in Malawi. These changes in the law,
together with actions under the Forfeiture Act (which has been
applied in large measure against Asians), have led many in the
small Asian community (about 5,000 persons) to leave Malawi
and others to question their long-term future there. Some
Asians began to return, however, in 1989.
Regionalism as a divisive domestic issue resurfaced during the
President's annual crop tour in February 1989. Although the
Life President evidently supported antinorthern campaigns in
years past, this was the first time that President Banda
allowed the full weight of his office to sanction regionali:
openly. Prominent northerners who lost their jobs included;
John Phiri, the Secretary for Trade and Industry. Hastings
Chunga, General Manager of Sedom (the Government's small
enterprise development scheme); and James Chatupa, the
Government's Chief Geologist. Other northerners, notably
Police Commissioner G. G. Mtawala and Chief Magistrate S.F.C.
Munyenyembe, were "retired" and stripped of their pensions.
Several lesser officials were transferred to other jobs.
Perhaps to compensate, the President highlighted unity (from
Malawi's four doctrinaire cornerstones) at the annual party
congress in September, during Mothers Day in October, and at
the closing of Parliament in November. It is unlikely that
regional sensibilities were assuaged since few northerners who
were detained, lost their jobs, or felt compelled to leave the
country in 1989 have obtained remedial relief.
Most women are limited to roles defined by a traditional
African society and do not have opportunities equal to men,
although the President takes a special interest in advancing
their status. Violence against women is not tolerated. At
the annual party conference in 1989, the President made the
entire Central Committee stand and acknowledge that any wife
beaten by her husband could approach them directly for
redress. Responding as well to a report of telephone
harassment gainst a European woman, the President directed
the police to tap phones, find the culprit, and send him off
to prison for life without a trial.
Women enjoy access to maternal health services and to
extension programs designed to improve their homemaking
abilities. Such programs, while benefical, have not given
full recognition to the importance of women as agricultural
producers in the rural sector (roughly 70 percent of all
smallholder farms and over 50 percent of subsistence holdings
are headed by women) and the potential role women can play in
the modern sector. Males still have an advantage in education
and employment, but the Government has initiated broad-scale
programs to reverse existing discrimination. A third of the
positions in the public education system, for example, have
been reserved for women. Malawi's traditional tribal
leadership structures remain primarily matrilineal. Several
small ethnic groups grant few rights and privileges to women
and occasionally continue to practice female circumcision.
Section 6 Worker Rights
a. The Right of Association
Nongovernment workers have the legal right to associate, form,
and join unions, and labor unions do exist in the small wage
sector. However, their activities are highly circumscribed by
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the Government, and they are generally ineffective in
achieving gains for workers. Most wage workers are unskilled
laborers on large agricultural estates. Labor unions must
associate under the Trade Union Congress of Malawi (TUCM) .
Malawi law provides for the right to strike, but strikes do
not occur in practice. Ministry of Labor officers are quick
to intervene at the first hint of labor unrest, with
government supervision, the TUCM associates with international
organizations and is affiliated with The Organization of
African Trade Union Unity and the International Confederation
of Free Trade Unions.
The Government allowed the Southern African Trade Union
Coordination Council to open a permanent office in Malawi in
1988. It is headed by a former Malawian labor leader who was
once detained for several years on political grounds. The
Chamber of Commerce's general manager is also a former
political detainee, illustrating that some persons are
occasionally permitted to make a comeback in Malawi.
b. The Right to Organize and Bargain Collectively
Workers have the legal right to organize, and the law
prohibits antiunion discrimination by implication. Complaints
are resolved by the Ministry of labor. Collective bargaining
is protected by law, but its use is limited. The Government
has set a minimum wage and regulates working conditions, but
it does not intervene overtly in the collective bargaining
process. Labor legislation is applied uniformly throughout
the country. There are no export processing zones in Malawi.
c. Prohibition of Forced or Compulsory Labor
Forced labor is prohibited by law and is not practiced.
d. Minimum Age for Employment of Children
The minimum working age is 14, but this applies only t<) the
small urban wage sector where it is enforced by labor
inspectors from the Ministry of Labor. In the large
subsistence agriculture sector, the minimum age is not
enforced, and children work on family farms at a younger age.
e. Acceptable Conditions of Work
Less than 15 percent of the work force is employed in the
formal wage sector. For those fortunate enough to hold paid
jobs, wages and working conditions are generally adequate, and
paid holidays and safety standards in the workplace are
required by law. However, enforcement of these standards is
limited. Malawi's low wage levels reflect the abundance of
unskilled labor and the Government's policy of limiting the
urban-rural income gap to stem migration into the towns. Wage
earners fare slightly better in living standards than the vast
majority of workers engaged in subsistence agriculture. The
minimum wage reflects the fact that Malawi is one of the
poorest countries in the world.
New minimum wage rates, the first in 3 years, were implemented
in May 1989. Mimimum daily wages nearly doubled in Malawi's
three cities, to 80 cents per day; and wage rates in rural
areas increased 125 percent, to 30 cents per day. Wages for
experienced skilled workers are increasing sharply as the
supply of such workers diminishes, and large numbers of them
find better paying jobs in S.A. and Botswana.
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MALI
Mali is a single-party state in which effective authority is
exercised by General Moussa Traore, President of the Republic
and Secretary General of the Democratic Union of the Malian
people (UPDM) , the country's only legal political party and
supreme political entity. President Traore assumed power
through a military coup in 1968, and under his leadership the
military Government adopted a new Constitution in 1974. Since
then, the military have retained a privileged position, but
civilians have an increasingly important role in daily
government operations and in the party. Military men continue
to occupy 4 of the 7 regional governorships, 11 of the 46
districts, and an important number of lower level
administrative posts, particularly in the border areas.
Mali maintains an army and air force, which provide both
external and internal security. The gendarmerie (paramilitary
police) assists in maintaining internal security.
With an annual per capita gross national product of
approximately $190, Mali is among the world's poorest
countries. Mali is landlocked and lacks major mineral
resources. Its economy rests on subsistence farming and
animal husbandry. Good rainfalls for the second year in a row
increased agricultural production and permitted some export of
grains. However, it is too soon to say whether the cycle of
drought and economic depression that has affected Mali in
recent decades is over. Malnutrition, poor food distribution
systems, and widespread unemployment remain persistent
problems. Throughout 1989 the Government continued its
efforts to modernize the economy, particularly through fiscal
reform and privatization of state enterprises, but Mali
remains heavily dependent on external aid.
Human rights remained circumscribed in Mali in 1989. The
Government did permit publication of an independent newspaper
and the establishment of a nongovernmental human rights
organization. The infamous Taodenit prison remained closed.
However, security authorities mistreated several students and
held them incommunicado for several months for distributing
pamphlets. Significant human rights problems included
arbitrary detention, abuse of detainees, and restrictions on
fair trial, freedoms of speech, press, and association, the
right of citizens to change their government through
democratic means, and worker rights.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
No politically motivated killings were reported.
b. Disappearance
No incidents of disappearance, abduction, or hostage-taking
were reported.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Government has issued specific instructions prohibiting
brutality against suspects. However, physical abuse of
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MALI
suspected persons sometimes occurs during police interrogation
or in confronting demonstrations. In 1989 authorities accused
eight students of distributing political tracts and held them
in incommunicado detention for 2 months. According to
credible sources, they were seriously mistreated, and at least
one of the students was tied and suspended by his hands for a
prolonged period while undergoing interrogation. No officials
were prosecuted or even reprimanded for these actions.
Prison conditions are harsh and characterized*by inadequate
medical facilities and food supplies. Mali's most infamous
prison--Taodenit — was closed in 1988. In the past, the
abysmal conditions at Taodenit contributed to the deaths of
prisoners, including political prisoners held there. Amnesty
International has called for a full and independent inquiry
into the Taodenit deaths.
d. Arbitrary Arrest, Detention, or Exile
The Malian judicial system is based on the French model.
Detained persons do not have the right to a judicial
determination of the legality of their detention, but arrests
cannot be made without formal charges. In political cases,
the authorities do not always follow this practice, and
incommunicado detention is sometimes utilized, as in the case
of the eight students. Malian law does not provide for
release on bail, but detainees are sometimes released on their
own recognizance. Administrative backlogs often cause delays
in bringing people to trial. Detainees are usually allowed
access to a lawyer of their choice.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
A part of the executive branch, the judiciary is not
independent. The Ministry of Justice supervises both law
enforcement and judicial functions. The Supreme Court is the
highest court, with both judicial and administrative powers.
The National Assembly can convene a high court of justice to
hear cases against state ministers, but this court did not
meet during 1989.
The eight students mentioned above were finally charged in
August under a statute prohibiting the distribution of
politically inflammatory material. When their case came to
trial, seven were acquitted, and the court suspended the
sentence of the one student who was found guilty.
Corruption remains a major political issue, and trials against
corrupt officials continued in 1989, notably in the Special
Court of State Security, a military court. The Special Court
met in June and heard 47 cases. Of the 72 persons found
guilty of corruption, 30 were sentenced to life imprisonment
and 7 received death sentences. In the Special Court,
defendants usually admit guilt in the hope of receiving a more
lenient sentence and allow their lawyers to argue mitigating
circumstances. The verdict and sentence are rendered by a
panel of three judges, including civilian judges and armed
force officers. The death penalty is mandatory under the law
for anyone convicted of embezzling more than $36,000.
However, in most embe^zlement trials restitution by the
accused can decrease the severity of the sentence. Once
convicted, a person can appeal for a presidential pardon or
request a new trial. The right to request a presidential
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MALI
pardon or a new trial exists in mandatory death penalty cases.
As far as is known, there were no political prisoners being
held at the end of 1989.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Inviolability of the home is provided for in the Constitution
and generally respected in practice. Police searches are
infrequent, and warrants are issued and recorded, though
sometimes after the fact. Local authorities sometimes seize
and open mail extralegally . Under the law, private letters
can be opened only if the country is facing political crisis.
In such cases, the only organization which may legally open
personal mail is the "Securite d'Etat," a special intelligence
service responsible to the Presidency.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Malian Constitution does not expressly provide for freedom
of speech and press. Malians take care to express criticism
of the Government in accepted forums. In theory, criticism is
permitted within the councils of the sole political party,
which all citizens are encouraged, but not forced, to join.
Questioning of government authority outside party
deliberations is rare, although not expressly forbidden.
The Government controls most Malian media, which reflect
official positions. In some instances media and public
criticism of specific programs and of the performance of some
government officials is allowed. An independent biweekly
newspaper, Les Echos, which often contains sharp political
commentary, began publication in 1989. Independent specialty
magazines such as Jamana (a cultural publication) and Podium
(a sports journal) also contain some political commentary and
circulate freely. International publications, including those
having articles critical of Mali and its Government, are
available. Satire and social criticism, sometimes with a
political cast, are occasionally evident in Malian government
publications. Government authorities generally seize
political tracts printed by organizations not formally
recognized by the Government.
Academic freedom does not include the right to criticize the
Government, nor is this right extended to the only recognized
labor union, which is considered an arm of the Government.
The union has, however, occasionally been critical of
government policy.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right of citizens to form
organizations to protect their professional interests, but in
reality only selected nonpolitical organizations such as urban
professional associations qualify. The primary groups which
assemble freely are the women's, youth, and similar
associations of Mali's single political party. In 1989 a
number of apolitical "amicales" or friendship groups
sponsoring exchanges with foreign countries were established,
but these associations do not have an overt political agenda.
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MALI
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
Mali is a secular state. The Government generally does not
discriminate on religious grounds. Although 90 percent of
Malians are Muslim, most other religions may practice their
faiths freely and are permitted to establish houses of worship
as well as schools. Christian missionaries of various faiths
enjoy government cooperation. Proselytizing and conversion
are permitted, except in the case of the Baha ' i , who may
practice at home but may not proselytize or establish houses
of worship. The Government prohibits publications in which
one religious group defames another.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Freedom of movement in Mali is generally unimpeded, although
police checks sometimes occur in which Malians and foreigners
alike are stopped, particularly at night. These checks are
used ostensibly to restrict the movement of contraband goods
and to check vehicle registrations. In practice, some police
probably supplement their frequently delayed salaries by
assessing ad hoc fines or confiscating goods. Malians are
free to change residence or workplace. Foreign travel
requires an exit visa, which is easy to obtain. Repatriation
is not restricted.
In the past drought years, Mali both accepted and generated
displaced persons. Several thousand Malians were repatriated
from Algeria in 1986 and 1987. In 1989 Mali agreed to accept
additional repatriates from Algeria. Mali also permitted
entry to a number of persons who were expelled from
neighboring Mauritania.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have no ability to change their government and only
limited and infrequent opportunity to influence it. Important
policies and decisions are made by a small group--the
President, the 19-member Central Executive Bureau of the UDPM,
and the Council of Ministers. The memberships of these groups
overlap. The military role in governing Mali remains
important, but civilian participation in the leadership groups
has been growing. Party congresses are called by the
President to consider special issues.
Within the one-p^rty system, multiple candidates often contest
party elections at the local level, but for National Assembly
elections, which are held every 4 years, only one carefully
selected party candidate runs for each seat. Proposed
legislation is debated and endorsed in the National Assembly
after its acceptance by the Council of Ministers and review by
the Supreme Court. Party membership is a prerequisite for
voting and for holding a civil service appointment or other
government position. All citizens are encouraged to join for
a nominal fee.
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MALI
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government is generally responsive to inquiries by
recognized human rights groups, although it apparently has not
replied to Amnesty International's call for an inquiry into
Taodenit prison. In 1989 the Government permitted the
establishment of a nongovernmental human rights organization.
The Malian Association for Human Rights. This organization
sponsored a number of seminars on human rights issues in 1989
and is attempting to encourage Malian participation in
international human rights meetings.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Mali does not practice religious or ethnic discrimination, nor
does it have the civil and racial strife evident in many other
multiethnic countries. Virtually all of Mali's ethnic groups
are represented at the highest state and party levels.
Although some nomadic groups such as the Tamashek are not
completely integrated into the economic and political
mainstream, Mali is relatively free of ethnic tensions.
Social and cultural factors place men in the dominant position
in Mali. However, women play an important economic role, both
in market life and in farming. There are a number of women in
the professions, but economic opportunity for educated women
is limited. Women live under harsh conditions, especially in
the rural areas.
Violence against women, including wife beating, is accepted in
Malian society, but there are no statistics to indicate how
widespread it may be. Malian society generally does not
tolerate spousal abuse that results in physical injury, but
legal action for redress of injury is not normally available.
The issue of spousal abuse has not been addressed by the
Government. Nor is the National Union of Malian Women (UNFM)
actively engaged in this issue. The UNFM focuses primarily on
establishing cooperatives, improving health programs, and
fostering education. It also campaigns against female
circumcision, which is still widely practiced in Mali,
including the most extreme form of genital mutilation,
inf ibulation. The Government has taken no public position on
this issue.
Traditional practice and existing Malian laws place women at a
disadvantage with regard to family law and property rights. A
group of female jurists is seeking improved legal protection
for women. One issue being addressed by this group pertains
to rights of widows. Currently, a widow has no right to her
husband's property or custody of children conceived during the
marriage.
Section 6 Worker Rights
a. The Right of Association
The Constitution specifically provides for the liberty of
citizens to form organizations to protect their "professional
interests." However, workers' right of association is limited
to the National Union of Malian Workers (UNTM) . The UNTM
24-900 O—
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MALI
comprises 12 unions and is Mali's only recognized workers'
organization. At present, there are no unions not affiliated
with the UNTM. The UNTM claims to maintain a degree of
autonomy from the Government, and unlike the women's and youth
associations, it is not officially part of the party. It has
on occasion offered limited criticism of certain government
programs. Nevertheless, it is subject to considerable
government influence and control, and the UNTM Secretary
General is a party member, although not a member of the
Central Executive Council of the UDPM.
Strikes are rarely permitted, and those deemed to be taken for
political reasons are illegal. Given Mali's high level of
unemployment, most workers are reluctant to strike for long
periods of time. By law, any union planning to go on strike
must notify the UNTM and obtain prior approval. In the case
of student and teacher strikes which took place in 1988, no
approval was given, but the strikes still took place and many
participants suffered reprisals. The International Labor
Organization's (ILO) Committee on Freedom of Association
concluded that the resulting government-directed transfers,
dismissals, and arrests of teachers constituted an infringement
on their freedom of association. Malian teachers continue to
have grievances, specifically over the nonpayment of
salaries. There were no teacher strikes in 1989, but there
were work slowdowns. In September drivers of minibuses in
Bamako protested government attempts to impose stricter
regulations on their activities. When there was no response
to a complaint lodged through the transport union, drivers
organized a 1-day protest strike. There were no government
reprisals .
The UNTM maintains contacts with international labor
organizations, both public and private. The UNTM is affiliated
with two international labor bodies: the Organization of West
African Workers and the Organization of African Trade Union
Unity.
b. The Right to Organize and Bargain Collectively
There are no specific constraints by the Government or
employers on workers attempting to organize, but in practice,
Mali's unitary party system effectively inhibits the workers'
right to organize. True collective bargaining does not take
place. The UNTM has a policy role in the agreements
negotiated by the individual member unions, and the
Government, through the Minister of Labor, must approve all
wage and related agreements.
There are no export processing zones in Mali.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor, and
this prohibition is generally observed in practice. There
have been reports that a form of traditional slavery is still
practiced in some isolated parts of the country.
d. Minimum Age for Employment of Children
The minimum age for employment is 14, but with parents'
permission children can be apprenticed at 12. In practice,
children in rural areas join the family farming work force at
a much younger age. As workers in the informal sector, they
are not protected by laws against unjust compensation.
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excessive hours, and capricious discharge.
e. Acceptable Conditions of Work
Mali has a detailed labor code specifying conditions of
employment, including hours, wages, and social security
benefits. The normal workweek is 44 hours. The minimum wage
is approximately $42.50 per month, which could provide a
decent standard of living if it went to support only one
person. However, most wage earners support extended
families. Health and safety standards vary, depending upon
the category of work, but there is limited enforcement due to
the lack of inspectors. Employers are required to pay into a
national social security fund.
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The Islamic Republic of Mauritania has been governed since
1978 by the Military Committee for National Salvation (CMSN) .
Colonel Maaouya Ould Sid'ahmed Taya, President of the
Committee and Chief of State, assumed power in 1984 after the
bloodless ouster of the former president, Lt . Col. Mohamed
Khouna Ould Haidalla. All 19 members of the Military
Committee hold ministerial portfolios or occupy other key
military or government positions. The Committee functions as
a legislative body, while the President, assisted by his
Council of Ministers and a few close advisers, wields the
executive power. Political parties are not allowed in
Mauritania .
The security forces number about 16,000 and, in addition to
the regular armed forces, include the National Guard, the
gendarmerie (a specialized corps of paramilitary police) and
the police. The National Guard and police come under the
Minister of Interior and all have internal security
functions. Over the past 3 years, the Government purged
security forces of hundreds of suspected dissidents,
particularly non-Hassaniya-speaking black Mauritanians and
Pan-Arab Baathists.
Mauritania continues to face massive economic and social
problems: drought, desertification, insect infestation, the
Western Sahara conflict, extensive unemployment, one of the
highest per capita foreign debts in Africa, poor infra-
structure, inadequate health and education systems, and exodus
from rural areas. Although adequate rains fell in 1988 and
1989, the prior drought years forced large numbers of nomads
into towns, with a consequent weakening of traditional Maur
nomadic culture, and a severe strain on government resources.
In addition, mutual expulsions and repatriations between
Senegal and Mauritania after April 1989 resulted in the
movement of more than 100,000 people, placing an unprecedented
economic and social strain on Mauritanian society. Many of
the Mauritanians who returned had been prosperous merchants in
Senegal, and important sources of foreign exchange earnings.
At the same time, many of the black Africans who departed had
held important technical and skilled positions in Mauritania.
The human rights situation in Mauritania deteriorated
dramatically in 1989. In April Mauritania experienced one of
its most serious crises since independence, when anti-
Senegalese rioting in Mauritania and anti-Mauritanian rioting
in Senegal left hundreds dead. In the aftermath of the
rioting, tens of thousands of Senegalese citizens as well as
Pulaar-speaking Mauritanian citizens were expelled to
Senegal. Tens of thousands of Mauritanians and Senegalese of
Maur origin similarly fled or were expelled from Senegal.
Subsequently, the Mauritanian Government dismissed many
Halpulaar civil servants and employees of state-owned
enterprises from their positions. Although the Mauritanian
authorities argued that the expellees were not true
Mauritanians, but rather Senegalese with false identity
papers, the fact remains that in all cases persons were
forcibly removed, often without being allowed to retain their
possessions, and without due process of law. Reports of
unlawful detention and torture also surfaced during 1989, and
most other human rights, including political freedoms,
remained tightly circumscribed.
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RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There have been no substantiated cases of members of the
Government or security forces perpetrating politically
motivated killings. However, serious questions remain
regarding the role of the Mauritanian security forces in the
initial riots on April 24-25. During the early stages of the
rioting, some police officers stood by without intervening, or
may even have goaded on the rioters. The Mauritanian army was
called in to quell the disturbances only on April 25. Whether
these incidents reflected official government policy, or were
isolated instances of individuals acting on their own, is
unknown. The net results of the violence were numerous deaths
and extensive property damage. The Government conceded a
death toll of several scores, while other sources contended
that several hundred persons may have died.
b. Disappearances
There were no substantiated reports of politically motivated
disappearances .
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Mauritanian law specifically precludes the use of torture.
There were, however, recurring reports during 1989 that the
security forces used torture against dissidents and against
some non-Hassaniya-speaking black Mauritanians.
On February 27, five leaders of the December 1988-January 1989
student strike at the university of Nouakchott released a
report describing their 4-day interrogation and torture at the
hands of the police in December 1988. The students said they
were deprived of food and sleep, forced to stand without
clothes outdoors in the chill of night, kicked and beaten with
rubber hoses, and suspended by their hands and feet from a
steel beam until they became unconscious. Several also had
their heads kept immersed in water until they feared
drowning. According to their report, upon their release,
several of the students could not walk and remained bedridden
for over a week. The students provided the names of several
of their alleged police torturers in their report. The
Government is not known to have acted against the alleged
torturers; neither, however, did it retaliate against the
students, although the report was circulated widely.
In the aftermath of the April rioting, there were recurrent
unsubstantiated reports of police detention and torture of
non-Hassaniya-speaking black Mauritanians, particularly in the
regions along the Senegal river. These reports generally
involved incidents in small villages or remote areas and were
thus difficult to verify. The recurring nature of these
reports, however, lends credence to the overall impression
that incidents of torture did in fact take place.
One report issued by Amnesty International (AI) involved the
headmaster of a school in Tetiane, who was allegedly detained
and tortured by the police in Kaedi in early June. The
headmaster reportedly died as a result of this treatment. The
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same report alleged that four Pulaar-speaking black
Mauritanian herdsmen were detained, tortured, and possibly
killed by the police in the Kaedi and M'bout region, also in
June. Numerous other unsubstantiated allegations of torture
surfaced, often involving efforts by the local security forces
to intimidate or force Pulaar or Wolof-speaking black
Mauritanians into leaving their homes and going to Senegal.
Responsibility for such alleged activities is difficult to
determine; there may have been incidents in which local
security forces acted independently, without orders from their
superiors. Furthermore, in several areas along the river
local militias of mostly Hassaniya-speaking white and black
Maurs were formed, ostensibly to guard against cross-border
incursions from Senegal. Since some of these civilians were
armed, it is possible that some cases of torture were carried
out by these militias. On balance, even though some senior
members of the regime continued to voice opposition to the use
of torture, reports suggest that its use increased during
1989, especially in the aftermath of the April intercommunal
violence, and there were no known instances of the Government
punishing those responsible.
Prison conditions in Mauritania are harsh. Four political
prisoners died from disease and malnutrition at Oualata Prison
in 1988, in part because the prison commandant was
systematically withholding food. As a result of these deaths
and the international pressures they caused, the remaining
prisoners were subsequently removed from Oualata, and the
commandant was dismissed and reprimanded.
d. Arbitrary Arrest, Detention, or Exile
Mauritanian law in principle assures expeditious arraignment
and trial, access to legal counsel, and the right of appeal.
The courts must review the legality of a person's detention
more than 72 hours after his or her arrest. Compliance with
this law, however, is inconsistent. For example, the five
leaders of the University of Nouakchott student strike were
detained for 4 days in December 1988 without a hearing. AI
has also reported that one of these students, Abdallahi Ould
Bah Nagi, was subsequently detained by the police on May 29
and held without a hearing. The apparent reason for his
detention was his role in the distribution of a leaflet
criticizing the expulsion of non-Hassaniya-speaking black
Mauritanians by the Mauritanian Government.
In the aftermath of the April riots, there were widespread
stories — often from persons in refugee camps in Senegal — of
detention by local officials of Pulaar-speaking black
Mauritanians living in the Senegal river valley. For example,
three high school teachers were reportedly arrested and
detained by gendarmerie in Bababe and eventually expelled to
Senegal. There were numerous reports of intimidation,
arrests, prolonged detention, and expulsion centering on
security forces in Kaedi and Rosso.
AI also reported that a number of Pulaar-speaking black
Mauritanian civil servants, including Oumir Tall, Amidou
Tidiane Ly, Memkoudou Diop, Abdanlage Wane, were arrested and
detained incommunicado in May 1989 in Nouakchott. These
detainees were not charged with any offense, although
unofficial sources suggested that they were held because of
suspected involvement in movements opposed to the Government.
no
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MAURITANIA
In mid-November, there were widespread, credible reports of
the arrest, detention, and possible torture of a number of
Halpulaar teachers in the town of Kaedi . As many as 50
persons may have been detained without being officially
charged, and by year's end their status remained unresolved.
Internal exile is a method of removing opposition figures from
the public eye. Former President Haidalla and five of his
associates, who were arrested during the 1984 coup but never
charged, reportedly still remain in internal exile in remote
locations. There were credible reports of the detention and
exile without charges of several black Mauritanian civil
servants and military personnel since May 1989. Many more
were expelled to Senegal, in lieu of internal exile.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
The legal system functions primarily under the Shari'a
(Islamic law) put in place during the Haidalla regime. The
Ministry of Justice plays the major role in administering the
Shari'a and selecting judicial personnel. The Shari'a applies
to most crimes and offenses, with the exception of commercial
and banking offenses, traffic violations that cause bodily
harm, and offenses against the security of the State. These
three categories of offenses are all handled by the Special
Court, which renders its judgments on the basis of laws
modeled after French law. The Taya administration has urged
the Islamic judges not to use extreme physical punishments,
such as amputations, which occurred during the Haidalla
regime. The Taya Government is slowly eliminating a number of
unqualified Shari'a judges who were appointed during the
Haidalla years. By virtue of a recent government decision,
judges cannot be tenured before 7 years of service.
While trials in the ordinary courts are public, the State
Security Court, which tries offenses against state security,
may conduct secret trials. All defendants, regardless of the
court, have the right to be present with legal counsel during
the proceedings. If necessary, the accused is provided
counsel at public expense. Defendants may confront witnesses
and present evidence. They may appeal the sentences of the
ordinary courts but not those of the Security Court. While
the judiciary is nominally independent, some knowledgable
observers have claimed that judges take their cue from the
Government when sentencing opponents of the regime.
The right to a fair public trial in Mauritania was, by any
standard, severely abused during 1989. After April, thousands
of non-Hassaniya-speaking black Mauritanians, particularly in
the Halpulaar community, were expelled to Senegal without any
recourse to judicial proceedings. Those expelled often had no
advance warning of their expulsion and no time or opportunity
to carry any possessions with them. According to reports from
refugee camps in Senegal, many were forced across the frontier
river at gunpoint.
The Mauritanian Government contended that many, if not all, of
the persons expelled were in fact of Senegalese nationality,
and that their Mauritanian identity documents were fraudulent.
Even if this were the case, an arbitrary determination of
nationality seems to have been made without according due
process to those affected. Furthermore, the Mauritanian
Government appears to have ignored its own law, which
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MAURITANIA
specifies that all persons, including foreigners, have a right
to the protection of their property and possessions and cannot
be deprived of them except by a court decision. The
widespread and credible reports of confiscation and
destruction of identity papers by security forces indicated a
conscious and concerted effort to circumvent the legal process.
The number of political detainees and prisoners held at the
end of 1989 was unknown. In December the Government released
19 political prisoners, including the head of the outlawed
Baathist Party arrested in 1988, and 18 non-Hassaniya-speaking
black political activists convicted in October 1986 following
antigovernment political agitation.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
In the past, government surveillance of individuals was
generally limited to patrols on major highways and customs
checkpoints, occasional nighttime inspections of vehicular
traffic, and inspections of mail suspected of containing
currency or prohibited items. Under Mauritanian law, the
police require warrants to perform home searches.
The right to privacy was severely abused in Mauritania after
April 1989. Expulsions of Pulaar-speaking black Mauritanians
involved systematic entry of homes by security forces and
forcible removal of families, without search warrants or any
legal proceedings. These activities occurred predominantly in
villages along the river, and thus it is unclear to what
extent they were officially sanctioned by the Mauritanian
Government, and to what extent they were the the work of
overzealous local officials. After repeated diplomatic
protests, the expulsions appeared to slow dramatically after
mid-July, and there were reasons to believe that the
Government was making efforts to control the situation.
Nevertheless, there were continuing reports of government
surveillance of suspected dissidents, as well as intimidation
and harassment of Pulaar-speaking black Mauritanians in the
Senegal River valley.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press is restricted. While Mauritanians
may criticize government policies in conversations with
friends and relatives, they are somewhat more inhibited in
speaking with foreigners. Military personnel are under tight
surveillance, and expression of views that could be construed
as even mildly critical of the Government is likely to result
in close questioning by military security officers. The
Government is quick to react to any public comments it thinks
pose a threat to the security of the State. Many of those
persons detained without a trial during 1989, including the
five student strike leaders as well as many civil servants,
were targets, it is believed, precisely because they voiced
opposition to the current regime and its policies. In
particular, the Government appeared to be sensitive to any
expression of ethnic dissatisfaction or criticism of its
ethnic policies.
Mauritania's only daily newspaper and the radio and television
stations are government owned and operated. During the past 3
years the Government has allowed a limited amount of
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MAURITANIA
discussion of government policies within the context of
interviews with government officials. In early 1988, the
Government authorized the publication of two privately owned
monthly magazines, Mauritanie Demain and L'Evenement. These
publications periodically carried articles on mildly
controversial social issues, but they refrained from any
direct criticism of the Government.
b. Freedom of Peaceful Assembly and Association
Mauritanian law recognizes the rights of assembly and
association, but since the 1978 coup the Government has banned
all political movements and generally prohibited meetings of a
political nature. Any formal grouping must be registered with
the Minister of Interior. The Government usually does not
interfere with assemblies and associations as long as they
avoid political activity.
c. Freedom of Religion
Islam is the official religion of Mauritania; virtually all
citizens are Muslim. Mauritanian Muslims are prohibited from
entering non-Islamic houses of worship and from converting to
another religion. Proselytizing by non-Muslims and the
construction of Christian churches and other non-Islamic
houses of worship require government permission. The Roman
Catholic community in Mauritania has five churches which
operate freely as long as they restrict their services to
resident foreigners.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Traditionally, there have been few restrictions on movement
within Mauritania, where nomadism has long been a way of
life. Travelers, however, are subjected to routine police and
customs checks along all major roads and at the country's
international and domestic airports. During the riots of
April 1989, dusk-to-dawn curfews were imposed in Nouakchott,
Nouadhibou, and some other cities but were reduced and finally
lifted as the situation calmed. During the final months of
1989, as cross-border incidents from Senegal increased,
curfews were imposed in a number of villages in the Senegal
river valley as well. Since 1985 Mauritanians no longer need
an exit visa to travel abroad, although there were reports of
some persons being denied passports.
During 1989 large numbers of Mauritanians had their
citizenship effectively revoked and were subsequently expelled
to Senegal. The revocations of citizenship, which may have
involved as many as 50,000 people, appear in many cases to
have been based entirely on ethnicity. Only non-Hassaniya-
speaking Mauritanians, particularly Halpulaar and, to a much
lesser degree, other black African ethnic groups, were
affected. Many of these displaced persons were not accorded
Senegalese citizenship and thus in effect became stateless
persons. At year's end, the Mauritanian Government had not
taken specific steps to permit access to the courts by
expellees who wished to obtain confirmation of their
citizenship and right to return home. However, there was a
small but indeterminate number of cases of acknowledged
Mauritanians being allowed to return, apparently as a result
of individual extrajudicial petitions or intervention by
officials .
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As many as 80,000 displaced persons arrived in Mauritania from
Senegal during April and May of 1989. While many of these
were Mauritanian citizen repatriates, many others were
Senegalese citizens of ethnic Maur origin. The arrival of
these repatriates and refugees placed a heavy additional
burden on the Mauritanian economy. Although hard pressed for
resources, the Mauritanian Government made commendable and
largely successful efforts to assist all those arriving from
Senegal. The Government also permitted the United Nations
High Commissioner for Refugees (UNHCR) and the International
Committee of the Red Cross (ICRC) to establish temporary
offices in Nouakchott to provide aid to displaced persons.
There were no reports of refugees being returned forcibly to
Senegal .
As a result of the ongoing conflict in neighboring Western
Sahara between Morocco and the Polisario Front, a small number
of refugees from the Western Sahara have settled in Nouadhibou
and other northern towns. They have been successfully
absorbed into Mauritanian society.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens of Mauritania are unable democratically to change
their government at the national level. All political power
rests in the hands of the military regime. The Military
Committee for National Salvation (CMSN) remains the "custodian
of the nation's sovereignty," and all executive and
legislative functions reside with it. Membership is limited
to military officers who occupy ministerial positions or
important military and security posts. The CMSN is
predominantely comprised of Hassaniya-speaking Maurs, although
members of other ethnic groups are members. However, non-Maur
membership on the CMSN, as well as among those holding senior
government or military positions, decreased in 1989 in the
wake of ethnic tensions.
In early January, the Government held elections in 164 rural
communes. All Mauritanians , aged 21 years or older and
residing in these localities, were entitled to vote, and the
ballot was secret. In most localities, two or more slates of
candidates competed for the electorate's vote.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Taya Government in the past has been generally responsive
to human rights concerns. For example, it cooperated with the
U.N. Human Rights Commission Working Group on slavery by
allowing a representative to come to Mauritania to obtain
information on this issue. In 1987 the Government permitted
representatives of AI to visit Nouakchott for discussions on
racial and ethnic tensions in Mauritania. In 1988 a
delegation from the International Commission of Jurists and
the Chairman of the African Jurists Association visited
Mauritania to review human rights practices.
As a result of President Taya's public support for basic human
rights, the Mauritanian Human Rights League was formed in
1986. The League, which is affiliated with the Paris-based
International Federation of Human Rights, is staffed by
volunteers who address such concerns as eradicating remaining
vestiges of slavery, ensuring the uniform application of
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MAURITANIA
Shari'a law, promoting the status of women, and preventing
abuses such as arbitrary arrest, detention, and torture. In
1988, the League hosted the first conference on Maghrebian
human rights.
In the wake of the ethnic disturbances of 1989, the League
experienced serious difficulties in its efforts to remain a
viable and independent human rights organization. On May 3,
1989, League Director Ghali Ould Abdel Hamid was arrested for
"threatening state security" at Nouakchott airport after he
publicly faulted the Governments of Senegal and Mauritania for
failing to address ethnic problems. Ghali was released after
34 hours of detention.
In the weeks following Ghali 's arrest, the League continued to
speak out on the subject of human rights abuses, and on July
21, 1989, issued a statement critical of government expulsions
of non-Hassaniya-speaking black Mauritanians. The League
continued to face considerable pressure from the Government,
however, and on July 31, 1989, issued a statement critical of
AI ' s declaration condemning Mauritania's expulsions of its
citizens .
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Mauritania is situated geographically and culturally on the
divide between traditionally nomadic Arabic-speaking Maurs of
the north and the sedentary black cultivators of the African
south. The interaction of these two groups produces the
complex cultural diversity as well as the ethnic tensions
inherent in Mauritanian society. Historically, the
Hassaniya-speaking white Maurs have dominated the political
and economic system. Taken together, the Hassaniya-speaking
black Maurs — members of the former slave caste — and
Mauritania's non-Hassaniya-speaking blacks outnumber the white
Maurs by a considerable majority. This racial majority is by
no means cohesive, however, since black Maurs identify in many
ways more closely with the white Maur population.
Many non-Hassaniya-speaking black Mauritanians have long
contended that since independence, white Maur domination in
government, state enterprises, business, and religious
institutions is a result of ethnic and linguistic
discrimination. Their grievances have included a reduction of
the numbers of non-Hassaniya-speaking black Mauritanians at
all levels of government, and the increasing use of Hassaniya
rather than French in many sectors of Mauritanian government
and business. They have also pointed to the Government's new
land reform law as a means to allow white and black Maurs to
take control of fertile land in the Senegal river valley that
had been traditionally the preserve of non-Hassaniya-speaking
black Mauritanians. Recent movements of nomads into the
Senegal river valley as a result of the decade-long drought in
the north further exacerbated tensions.
The violence in April that resulted in many deaths was in
general more the result of an eruption of underlying ethnic
tensions rather than an officially sanctioned government
policy, but the expulsions of non-Hassaniya-speaking black
Mauritanians that followed were largely orchestrated by
Mauritanian security forces.
Both white and black Maurs were resettled into the villages in
the Senegal river valley from which Halpulaar residents were
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MAURITANIA
forcibly expelled. While many of those resettled were
themselves refugees from Senegal, others had moved from
northern Mauritania in search of richer farmlands. These
resettlements have set the stage for future disputes over land
tenure and a continuation of ethnic tensions in the Senegal
river valley.
Women in Mauritanian Muslim society are often limited to
traditional roles, which may encompass considerable financial
and civil autonomy, especially outside the few urban areas.
The Government is encouraging the entry of women into the
professions, government, and business. In late 1988, the Taya
Government created a new Ministry of Women's Affairs, Arts,
and Tourism, and appointed a woman as the first Minister. The
Government has also been instrumental in opening up new
opportunities for employment traditionally reserved for men,
such as in hospital work. According to Mauritanian law, men
and women must receive equal pay for equal work, and
Mauritania's two largest employers, the civil service and the
state mining company SNIM, respect this law. In smaller
private enterprises, wages are often determined by informal
bargaining, leading to sometimes significant discrepancies in
what two persons are paid for the same work.
While data are very limited, violence against women does not
appear to be prevalent in Mauritania. Female genital
mutilation (circumcision) is a widespread, traditional
practice. The Government has taken no position nor issued any
statements on violence against women or on genital
mutilation. In some areas of southern Mauritania, the most
extreme form of mutilation, inf ibulation, is practiced. Some
evidence indicates that the incidence of female excision is
diminishing in the modern, urbanized sector, and for an
Islamic country, women are allowed a relatively great degree
of freedom.
Section 6 Worker Rights
a. The Right of Association
Workers are free to establish unions at the local and national
level. There are currently 36 trade unions in the country.
All, however, must be affiliates of the Union of Mauritanian
Workers (UTM) , by law the country's only central labor
organization. The trade unions and the UTM elect their
leadership democratically, and they are free to determine
their programs and policies, provided these avoid political
issues. The UTM is an active member of the International
Confederation of Arab Trade Unions and the Organization of
African Trade Union Unity.
Mauritanian law grants workers the right to strike. In
practice, however, the Government discourages strikes, and
they rarely occur. Under Mauritanian law, tripartite
arbitration committees, composed of union, business, and
government representatives, may impose binding arbitration
that automatically terminates any strike.
In recent years, the UTM had been paralyzed by bitter
factional disputes. In early 1989, elections and a national
congress were held, and a new leadership moved quickly to
revitalize the UTM. It did not, however, voice any opposition
to the Government's dismissal of numerous non-Hassaniya-
speaking black civil servants that occurred after April.
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MAURITANIA
b. The Right to Organize and Bargain Collectively
Unions are free to organize workers without government or
employer interference. According to the UTM, close to 90
percent of industrial and commercial workers in Mauritania are
members of unions. The laws providing worker's protection
against antiunion discrimination are regularly enforced.
Collective bargaining, notably to set wages, occurs informally
between individual unions and employers but also involves the
Government and the UTM. In addition, employees or employers
may bring labor disputes to three-person labor courts that are
overseen jointly by the Ministries of Justice and Labor.
Labor leaders regard these courts as unbiased and effective.
There are no export processing zones in Mauritania, and labor
laws are applied uniformly throughout the country.
c. Prohibition of Forced or Compulsory Labor
The subject of forced labor is tied to the vestiges of slavery
which exist in some areas of Mauritania. Slavery was
abolished officially only in 1980, and some persons whose
ancestors had worked without pay for generations for a
particular family still occupied positions of servitude in
1989. This was due in part to the economic hardships they
would have encountered if they had left. There were reports,
however, that in some remote areas persons were sometimes held
against their will and forced to perform unpaid labor. The
authorities stop such practices when they come to their
attention. The Taya regime is making a systematic effort to
appoint members of the former slave caste to high government
and military positions as a visible indication of the end of
slavery,
d. Minimum Age for Employment of Children
Education is not compulsory in Mauritania, but Mauritanian law
specifies that no child may be employed before the age of 13
in the agricultural sector without the permission of the
Minister of Labor, nor before the age of 15 in the
nonagricultural sector. The law provides that employed
children aged 14 through 16 should receive 70 percent of the
minimum wage, and those from 17 through 18 should receive 90
percent of the minimum wage. In practice, much younger
children in the countryside pursue herding, cultivation, and
other significant labor in support of their families'
traditional activities. Although there are no data available,
child labor in the nonagricultural sector is not widespread.
e. Acceptable Conditions of Work
In 1989 the guaranteed minimum wage for adults was equivalent
to roughly $70 per month. These wages barely enabled the
average family to meet its minimum needs. The standard,
nonagricultural workweek in Mauritania cannot exceed either 40
hours or 6 days without overtime compensation, which is paid
at the following rates: 41-48 hours — 115 percent; 49-54
hours — 140 percent; 55 plus hours — 150 percent of the base
wage. Reliable data on actual wage levels is scanty and
unreliable. Enforcement of the labor laws, the responsibility
of the Labor Inspectorate, Ministry of Labor, is limited by
the shortage of qualified personnel.
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MAURITIUS
A small, densely populated island country, Mauritius is a
parliamentary democracy and a member of the Commonwealth of
Nations. It is governed by an elected prime minister, a
council of ministers, and a legislative assembly. The
Governor General, with largely ceremonial powers, represents
Queen Elizabeth II, the titular Head of State. Elections at
national and local levels take place at regular intervals.
There are four major political parties, which reflect a range
of ideological views, and several smaller parties. Executive
power has changed hands twice in the last 7 years through fair
and orderly elections supervised by an independent
commission. Prime Minister Jugnauth's coalition had its
mandate renewed in general elections in August 1987.
Mauritius has no purely military forces; a paramilitary
700-man Special Mobile Force and a 240-man Special Support
Unit are responsible for internal security. These forces,
under the command of the Commissioner of Police, are
apolitical, well trained, and backed by a general duty police
force of approximately 4,000 men.
The economy, based on export-oriented manufacturing (mainly
textiles), sugar, and tourism, experienced an economic boom
during 1984-88, with an average real growth rate of 7 percent
annually. Per capita income, in current terms, almost
doubled, rising from $1,065 in 1984 to $1,921 in 1988.
Unemployment fell from 21 percent in 1983 to 3.6 percent in
1988, essentially a full-employment situation. With the
assistance of the World Bank and the International Monetary
Fund, Mauritius has made remarkable progress in implementing a
program combining adjustment, growth, and modernization.
Prospects for 1989-90, however, are less optimistic. The
emergence of labor and skills shortages, rising inflation,
environmental issues, and other physical constraints are
expected to slow down economic growth to around 4 percent.
The Government continued to demonstrate respect for human
rights. Political and civil rights, including the freedoms of
speech and press, are protected under the Mauritian
Constitution and respected in practice. The August 30, 1987
elections for Parliament were preceded by intense campaigning,
including regular public rallies. The controversial Dangerous
Drug Act of 1986 calls, among other things, for the death
penalty for traffickers. Under the Act, the defendant is
tried by a judge without a jury, which is contrary to
established practice.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of government-inspired political or
extrajudicial killings.
b. Disappearance
There were no reports of disappearance of persons for
political causes.
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MAURITIUS
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and inhuman punishment are prohibited by law, and
there were no reports of degrading treatment or punishment.
Vigorous enforcement of the Dangerous Drug Act has led to a
decline in drug demand. Drug-related arrests declined in 1988
and 1989.
d. Arbitrary Arrest, Detention, or Exile
There have been no reports of arbitrary arrests or detentions
since the early 1970's. Detained persons have the right to a
judicial determination of the legality of their detention. In
practice, this determination is usually made within 24 hours.
Bail is commonly granted. The Supreme Court ruled invalid in
1986 a section of the Dangerous Drug Act of 1986 which had
provided for detention without bail.
Exile is legally prohibited. With regard to forced or
compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
Mauritius' judicial system, modeled on that of Great Britain,
consists of the Supreme Court, which has appellate powers, and
a series of lower courts. Final appeal may be made to the
Queen's Privy Council in the United Kingdom and is routinely
made in the cases of death sentences. There are no political
or military courts. The judiciary is independent. The
Governor General, in consultation with the Prime Minister,
nominates the Chief Justice and, in consultation with the
Chief Justice, nominates the senior puisne (associate)
judges. The Governor General nominates other judges on the
advice of the Judicial and Legal Service Commissions. The
legal system has consistently provided fair, public trials to
those charged with crimes. Defendants have the right to
private or court-appointed counsel. The judiciary is also
charged under the Constitution with ensuring that new laws are
consistent with democratic practice. There are no political
prisoners in Mauritius.
The Dangerous Drug Act, which includes a mandatory death
sentence for any person convicted of importing dangerous
drugs, has been controversial. Some human rights
organizations in Mauritius, as well as individual Mauritians,
have criticized the provisions of the law that call for the
death penalty and that provide for trial by a judge alone; all
other serious offenses are heard by a nine-member jury. At
the end of 1989, there were six persons in prison convicted on
drug charges and under the death sentence.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The sanctity of the home is guaranteed by law and generally
respected in practice. The search of personal property or
premises is allowed only under clearly specified conditions by
court order or by police decision if an illegal act has been
committed. There have been reports from reliable sources that
the Government's intelligence apparatus occasionally opens
mail and carries out surveillance of local opposition leaders
and other major figures.
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MAURITIUS
In October 1986, following the Rault Commission on Narcotics,
the Legislative Assembly amended the Mauritian Constitution
with regard to drug traffickers and drug trafficking in
Mauritius. The legislation increased the powers of any
commission of inquiry to look into personal finances,
including bank accounts; provided for fines of persons who
refuse to testify; provided for fining a bank and revoking its
license if it refuses to cooperate in a financial
investigation; and provided for the seizure of all assets of
convicted drug traffickers who cannot prove that their assets
were obtained legally.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press is protected by the Constitution
and by local tradition. Sixteen privately owned daily,
weekly, and monthily newspapers present varying political
viewpoints and freely express partisan views. Newspapers are
subject only to the legal constraints of libel laws. The
Government owns the one television and two radio stations (one
strictly educational), broadcasting in five languages. The
television and radio are reasonably objective in news and
entertainment presentation, although opposition politicians
occasionally accuse the broadcasting corporation of political
bias in its news coverage. Television and radio broadcasts
are also easily received from the nearby island of Reunion (a
French Department) and are not subject to interference by the
Government. However, any foreign satellite broadcasts, or
programs from foreign sources, which are deemed controversial
are subject to approval by the Council of Ministers before
transmission on local television or radio.
b. Freedom of Peaceful Assembly and Association
Mauritians enjoy the right to form associations, including
political parties, trade unions, and religious organizations.
Mauritius has a multitude of such private organizations.
Political, cultural, and religious assemblies are
commonplace. Although police permission is required for
holding demonstrations and mass meetings, such permission is
rarely refused. The registered political parties freely held
large public rallies during the campaign for the August 1987
general elections, the October 1988 municipal elections, and
the June 11, 1989, La Caverne/Phoenix by-election.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
There is no official state religion in Mauritius, although
Hindus are a majority. Hindus, Christians, Muslims,
Buddhists, and others openly practice, teach, and proselytize
their religions v^ithout prejudice. All religious institutions
receive state subsidies in proportion to their memberships.
There is no state-sanctioned discrimination against any ethnic
or religious community. The Government facilitates the travel
of Mauritians who make the hajj. Foreign missionaries are not
allowed to enter the country without a prior request from a
local religious organization.
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MAURITIUS
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on full freedom of movement within
the country. Foreign travel and emigration are also
unrestricted. There is no blanket guarantee of repatriation,
nor general criteria for processing applications for
repatriation; applications from the thousands of Mauritians
abroad are handled on a case-by-case, and sometimes arbitrary
basis.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have the right to change, and do change their
government through democratic means. Mauritius is governed by
a freely elected, unicameral Legislative Assembly, with
executive direction coming from a Council of Ministers,
currently headed by Prime Minister Sir Aneerood Jugnauth whose
Alliance coalition won elections in 1983 and 1987. The
Governor General has the right to designate the person charged
with forming a new government following parliamentary
elections or in a parliamentary crisis. Parliamentary,
municipal, and village council elections are held at regular
intervals. Voting and running for office are rights of all
citizens 18 years of age and over.
In the Legislative Assembly, 8 of the 70 members are appointed
through a complex "best loser" system designed in part to
ensure that all ethnic groups are adequately represented. The
governing (3-party) Alliance coalition controls 41 of the 70
seats. Political parties often match the ethnicity or
religion of their candidates to the composition of particular
electoral constituencies. In the August 1987 parliamentary
elections, 89 percent of the 553,364 eligible voters cast
ballots. Only 9,512 votes separated the winning and losing
coalitions. The opposition controls the five major
municipalities, and government parties did not contest the
October 25, 1988, municipal elections. The governing Alliance
won a June 11, 1989, by-election for the Legislative Assembly
in the constituency of La Caverne/Phoenix.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
There have been no known requests by international
organizations to investigate human rights violations in
Mauritius. Several local human rights groups monitor
devlopments without governmental restriction.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Although Mauritius has a Hindu majority, the country's active
press and strongly egalitarian traditions militate against
discrimination in all forms. However, tensions based on
ethnicity and caste do exist.
Women in Mauritius participate in all types of political,
business, and social activities, and a few hold important
positions. Nonetheless, traditional ethnic and religious
attitudes hamper women in achieving true parity. The
Mauritian Government seeks to improve the status of women, and
recent amendments to laws ranging from emigration to
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MAURITIUS
inheritance have removed sex discriminatory sections. An
interministerial committee, headed by one of the female
ministers, was appointed in 1985 to address remaining
discriminatory elements in local laws and practices. In its
report in 1988, the committee, which was subsequently
disbanded, found that there was little legal discrimination
against women. One notable exception, that women cannot serve
on juries, may be amended in 1990. The Government decided in
July to appoint "desk officers" in the major ministries to
oversee women's activities and ensure that the promotion of
the interests of women are taken into account.
According to the Ministry of Women's Rights and Family
Welfare, physicians, attorneys, and religious and charitable
organizations, the problem of violence against women exists
and appears to be fairly prevalent, although no reliable
statistics are available. There are no special provisions in
Mauritian law concerning family violence; there are virtually
no institutions that attempt to deal with the problem. The
Government's concern about the issue of violence against women
has been evident, however. This concern was officially
manifested in June 1989 when the Ministry of Women's Rights
and Family Welfare established a family counseling service,
managed by the National Council of Women, whose mandate is to
provide family counseling and legal advice. Some 300 persons
have availed themselves of counseling in the intervening
period. This counseling has run the gamut of family problems,
of which spouse abuse is only one of the issues. However, no
specific campaign against spouse abuse has been undertaken.
Police authorities are generally reluctant to get involved in
instances of wife beating; penalties are rarely imposed and
tend to be light. Spouse abuse is not publicly discussed in
Mauritius.
Section 6 Worker Rights
a. The Right of Association
Mauritius has an active trade union movement. Almost 300
unions represent about 100,000 workers, more than one-fourth
of the work force. Unions are free to organize workers in all
sectors, including the export processing zone (EPZ) which
employs about 90,000 workers. Less than 10 percent of EPZ
workers are believed to be unionized. Unions can press wage
demands, establish ties to domestic political parties and
international organizations, and address political issues.
Three of the five trade union activists who ran in the August
30, 1987, general elections were elected to the Legislative
Assembly on the government slate. Wages have become a major
issue in recent years as inflation has accelerated.
In theory, unions have the right to strike. However, in labor
disputes, the British-modeled Industrial Relations Act (IRA)
of 1973 requires a prestrike, 21-day cooling-off period
followed by binding arbitration, which has the effect of
making most strikes illegal. Refusal to follow IRA procedures
in a mid-1988 textile plant strike led to the imprisonment of
three union leaders for several days. Government supported
labor/management negotiations ultimately led to the
reemployment of most of the striking workers. A general
strike called by the trade unions for July 4, 1989, received
far less support than expected.
One leading federation actively supports the opposition party
and is affiliated with the Communist-controlled World
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MAURITIUS
Federation of Trade Unions. The largest confederation, the
Mauritian Labor Congress, is a member of the International
Confederation of Free Trade Unions.
b. The Right to Organize and Bargain Collectively
While the right of association is guaranteed by law, there is
no legal provision for collective bargaining, which is neither
protected nor promoted by the Government. In fact, the
Government has imposed restraints on the collective bargaining
system which render it ineffective.
The Government has established a National Remuneration Board
(NRB) whose chairman is appointed by the Minister of Labor,
The NRB establishes minimum wages for 26 categories of private
sector workers (sugar, tea, transport, etc.) which apply
equally to export processing zone workers. Although
originally established to set minimum wages for nonunion
workers, the NRB has broadened its powers and now issues
remuneration orders that establish minimum wages, bonuses,
housing and transportation allowances, and other benefits for
almost all private sector workers. About 85 percent of all
private sector workers (including unionized workers) are
covered by NRB orders. Employers and unions are free to
negotiate wages and benefits above the minimums established by
the NRB, but this is rare. Wages and benefits for civil
servants are established by the Pay Research Bureau (PRB) on
the basis of the annual Chesworth Report recommendations. NRB
remuneration orders set minimum wages by sector but also
establish a wage structure based on length of service and job
classification. NRB orders thus set wages for skilled and
experienced workers whose earnings are well above the minimum
wage. The PRB functions in a similar way for the civil
service.
The Government has also established a Tripartite Committee,
including employer and trade union representatives, which
meets once a year and is chaired by the Minister of Finance.
It can only recommend wage increases to the Government based
on inflation. Its recommendations are not always unanimous,
however, and the Government makes its decision on the basis of
all the information it receives.
The International Labor Organization (ILO) Committee of
Experts (COE) has for some time noted that the Industrial
Relations Act does not give workers' organizations sufficient
protection against acts of interference as provided for by ILO
Convention 98 on the right to organize and bargain
collectively.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law and is not
practiced. The COE, however, has noted that sections of the
IRA, which empower the Minister to refer any industrial
dispute to compulsory arbitration, enforceable by penalties
involving compulsory labor, are in conflict with ILO
Convention 105 on the Abolition of Forced Labor.
d. Minimum Age for Employment of Children
The minimum work age is 15. The Ministry of Labor is
responsible for enforcing child labor laws. In practice,
there is minimal enforcement of these laws, especially in
EPZ-related industries where a labor shortage exists.
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MAURITIUS
e. Acceptable Conditions of Work
Conditions of employment, including wage and leave conditions,
are generally sufficient to afford an acceptable standard of
living for workers in the agricultural, service, and
manufacturing sectors. However, the current rate paid for
unskilled labor, $8 per week during the first year and $10 per
week thereafter, is barely sufficient for a worker to have a
minimum standard of living, and much depends in this respect
on the type of additional benefits offered. The Government
mandates minimum wage increases each year based on inflation.
A maximum workweek of 45 hours is allowed. Excessive overtime
continues to be a problem in the EPZ . The Government
addressed this issue in 1987 due to complaints that EPZ
employers imposed long hours of overtime on employees — about
10-20 hours per week making for a 55-65 hour workweek. In
addition, some EPZ employers still require women to work at
night .
The Government sets health and safety standards, and
conditions are inspected by Ministry of Labor officials.
Enforcement is limited due to the small number of inspectors.
235
MOZAMBIQUE
Mozambique is a one-party state in which effective power is
concentrated in the hands of President Joaquim Chissano and
top officials of the party, the Front for the Liberation of
Mozambique, or FRELIMO. The Constitution gives the President
extensive powers to appoint and dismiss top officials in the
ministries, courts, military and security organizations, and
provincial governments.
Since the late 1970 's, the FRELIMO Government has been under
attack from an insurgent group, the Mozambican National
Resistance, or RENAMO. Despite agreements between Mozambique
and South Africa in 1984 and 1989, and the revival of a joint
Mozambican-South African security commission aimed at
investigating and ending support to RENAMO, most Mozambican
policymakers believe aid from South African and other foreign
groups continues.
The security forces include the armed forces of Mozambique
(FPLM) , numbering about 60,000 soldiers, a people's militia,
and the Mozambican National Security Service (SNASP) . For its
part, RENAMO claims to have 25,000 men under arms and an
additional 3,000 trainees. More than 7,000 Zimbabwean troops
are assisting government forces, primarily in central
Mozambique, with the objective of keeping the Harare-Beira
railroad open. Approximately 700 to 800 Malawian troops are
assisting in keeping the Nacala rail line open.
Mozambique has a mixed economy, consisting of state-owned
enterprises, cooperatives, and private enterprises. Up to 85
percent of the population, however, is employed in small
scale, semisubsistence agriculture. Once a self-proclaimed
Marxist-Leninist party, the FRELIMO Fifth Party Congress in
July removed the reference to Marxism and endorsed the
2-year-old economic reform plan which has fostered currency
devaluations, budgetary cuts, and reductions in the areas of
the economy reserved exclusively for state enterprises. While
growth in 1989 was projected at 4 percent, the continuing
civil conflict has undercut many of the benefits of the
reforms. RENAMO deliberately attacks economic targets; in
some areas, the prevailing anarchy has led to the total
breakdown of internal trade. A combination of war and
unfavorable weather has disrupted food production to the point
that a third of the nation's population is thought to be
dependent on international food aid.
Human rights were tightly circumscribed in 1989. Major human
rights concerns were harsh prison conditions; the use of
arbitrary, incommunicado detention, especially by SNASP; the
denial of fair trials; restrictions on freedoms of press,
assembly, and association, and the right of citizens to change
their government; and serious limitations on worker rights.
However, it became more possible during the year for people to
voice their views, including in people's assemblies and public
meetings. The Government and party, especially at the Fifth
Party Congress in July, continued to address some of the
abuses, reorganizing the legal system to reduce SNASP and
military dominanace of the judiciary. A new constitution
which included a bill of rights was discussed in party forums
at the end of the year and proposed to the public on January
9, 1990. Publication and ratification are expected in 1990.
The most blatant abuses of basic human rights occurred as a
direct result of the conflict. Widespread reports of
massacres directed against civilians, kidnapings, torture, and
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MOZAMBIQUE
looting continued throughout the year. Most of these
atrocities were attributed to RENAMO, but some were also
attributed to government forces. Seeking an end to the civil
war, which has cost 600,000 lives, the Government launched a
peace initiative in January, using Mozambican religious
leaders and Kenyan and Zimbabwean mediators to explore
contacts. Despite these efforts, at the end of 1989 fighting
had intensified. An estimated 2 million people were
displaced, half of them living in refugee camps in neighboring
countries, the remainder living in "accommodation centers"
throughout the country.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Both sides were again responsible for the deaths of civilians
in the course of their conflict (see Section l.g.). Most of
the killings are attributed to RENAMO forces. Deplorable
prison conditions resulted in some deaths (see Section I.e.).
b. Disappearance
There were no reports of government-perpetrated disappearances
in 1989. However, there are thousands missing due to the
conflict, including as a result of kidnapings in areas
affected by the war. RENAMO, in particular, regularly holds
civilians against their will, often employing them as porters
or forcibly impressing them.
Amnesty International (AI), in a special 1989 report,
expressed its concern about several disappearance cases,
including those of Uria Simangi and Joana Simeno, and sought,
without success, information from the Government on the
whereabouts of a number of political opponents of the
Government who disappeared from detention in the mid-1970's.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Both government and RENAMO forces have been accused of
torturing prisoners and civilians. Journalist William
Finnegan described one 1989 incident in which FPLM soldiers
severely beat a farmer they suspected of collaborating with
RENAMO. RENAMO's systematic practice of beating or mutilating
civilians continued unabated in 1989. According to many
reports, RENAMO has cut off lips, ears, breasts, and limbs,
burned or buried people alive, and forced family members to
witness or participate in the tortures of their relatives.
Former RENAMO soldiers claimed that threats of beating and
torture were used to keep forced recruits from escaping.
In September the National People's Assembly repealed, for both
military and civilian courts, Mozambique's controversial
"flogging law" which allowed people convicted of certain
offenses to be punished by whipping. In practice, very few
courts have imposed the flogging penalty, although military
courts sentenced two soldiers to flogging in the final weeks
before the law was repealed. In February charges were brought
against an agent of the popular police in Maputo, because he
had ordered two women flogged without due process.
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MOZAMBIQUE
Prison conditions in Mozambique remain life threatening. In
June the local press reported that 15 prisoners had starved to
death in a prison in Manica Province. Prison officials failed
to purchase adequate food. The officials said severe budget
cuts and inflation had deprived them of sufficient resources.
In the aftermath of the scandal, provincial authorites
launched an investigation of prison conditions and increased
the prison budget.
Since 1988 the Government has allowed the International
Committee of the Red Cross (ICRC) access to the prisons where
national security prisoners, both those already convicted and
those awaiting trial, are held. RENAMO does not permit ICRC
access to areas under its control, claiming that it holds no
prisoners .
d. Arbitrary Arrest, Detention, or Exile
The law requires that in most cases detainees be charged or
released within 30 days. However, persons accused of the most
serious crimes can be detained for up to 84 days without being
formally charged or investigated. With court approval, such
detainees can then be held for two additional periods of 84
days while the police complete their investigation. While
detained, persons have the constitutional right to counsel and
to contact relatives and friends. In some cases, detainees
may be released from prison while the investigation proceeds,
but the bail system in Mozambique remains ill-defined. The
law provides that if the prescribed period for investigation
has been completed and no charges have been brought, the
detainee must be released. In practice, however, this is
often overlooked, in part because of the severe lack of
administrative resources and trained lawyers.
The security police (SNASP) organized under the Ministry of
National Security, have the power to arrest persons accused of
political and economic crimes against the State, such as
espionage or sabotage. In September the Government restored
the right of political prisoners to submit habeas corpus
petitions. These detainees now have the same rights as other
prisoners: to contact a lawyer and to be charged or released
within a set period of time. In practice, these guarantees
are also often overlooked due a lack of administrative
resources. The SNASP can also order preventive detention, for
indefinite periods, and many persons are never brought before
a court. These detainees are often held incommunicado and do
not have the right to challenge the legality of their
detention.
The number of political/security detainees awaiting trial as
distinguished from those that had been convicted was unknown
at year's end. An estimated 600 prisoners were held in SNASP
military prisons at the end of 1989. In August under the
authority of the amnesty law, the Ministry of Justice ordered
the release of 1,600 prisoners from civilian prisons,
including 100 security prisoners convicted under the defunct
Revolutionary Military Tribunal.
There were no reports of anyone being exiled from Mozambique
during 1989. The law of amnesty, first promulgated for a
12-month period in 1987, remained in force throughout 1989.
The Government maintains that this amnesty permits any RENAMO
member to return to civilian life and participate in the
political life of the country. Over 3,000 ex-RENAMO members
reportedly returned in 1988. The Government claimed that
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MOZAMBIQUE
thousands more accepted amnesty in 1989, although many of
these were probably civilians living in RENAMO-cont rolled
areas rather than actual fighters. There have been few
reports of mistreatment of amnestied RENAMO members.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
Mozambique now has two complementary justice systems: the
civil/criminal, composed of the judiciary under the Ministry
of Justice and a police force under the Ministry of Interior;
and the military justice system, under the Ministry of
National Security. The latter has jurisdiction over most
cases involving crimes committed by military personnel and
cases of crimes by civilians which adversely affect the
military. A separate court system for national security
crimes, the Revolutionary Military Tribunal, was abolished in
December 1988. The Minister of Justice appoints judges at the
district and provincial level, while the President appoints
judges to the newly formed Supreme Court.
With the establishment of the Supreme People's Court and the
appointment of Supreme Court justices in the final months of
1988, the Mozambican legal system took on the final form
envisaged in the 1976 judiciary organization law. Persons
accused of crimes against the security of the people and the
State (i.e., the majority of political prisoners) are now
tried by the provincial courts under standard criminal
judicial procedures, with the right of appeal to the Supreme
Court. This represents a significant improvement over trials
conducted by the former Revolutionary Military Tribunal.
Nonpolitical trials conducted by the regular civil and
criminal court system are generally fair, are held in public,
and carry the right of appeal. However, a large backlog of
pending cases has resulted in long waiting periods before
cases are brought to trial. Political trials can be held in
public; but SNASP can order that a specific trial be closed.
In theory, SNASP' s influence over the judicial process has
been greatly reduced, although its extensive detention powers
are apparently unchanged. Whether provincial courts will be
able to resist executive and military influence in political
and security cases has yet to be tested. As far as is known,
there were no such cases tried at the provincial level in 1989.
In addition to the regular people's courts at the provincial
and district levels, there are at the local level customary
courts which handle matters such as estate and divorce cases.
The proceedings are usually conducted in public by a trained
representative of the Ministry of Justice, assisted by two or
four popularly elected lay judges instructed to exercise
common sense and to apply locally accepted principles.
The Military Crimes and Military Tribunal law which took
effect in 1988 established a nationwide system of brigade
courts and provincial military courts and specified
military-related crimes.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence.
In areas of active insurgency, homes are entered at will by
security or police forces. It is widely assumed that
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MOZAMBIQUE
surveillance devices are employed to monitor local and
international telecommunications systems and that mail is
periodically inspected.
g. Use of Excessive Force and Violations of Humanitarian
Law in Internal Conflicts
In 1989 RENAMO staged a series of attacks in every province of
the country. The Government responded with a July offensive
on RENAMO' s headquarters in central Mozambique. Both
government (FPLM) and RENAMO forces were again responsible for
violations of humanitarian law in 1989, although RENAMO abuses
continued to be much more widespread and systematic. Attacks
against civilians were reported almost daily, and, given the
remoteness of much of the countryside, many more attacks
undoubtedly went unreported.
In January refugees crossing into Malawi from Tete Province
said that in several separate instances FPLM forces had herded
suspected RENAMO sympathizers into their huts, which were then
set ablaze. Although the refugees were vague about numbers,
scores of people died. In general, however, FRELIMO abuses,
especially summary executions, have declined since the
implementation of the Government's heavily publicized amnesty
program. Government forces occasionally forced rural people
into guarded villages, especially in areas where local
sympathies for RENAMO were thought to be high. A Maputo daily
newspaper reported that civilians, mainly in rural areas,
complain of living in fear of FRELIMO soldiers' misconduct,
especially in their abuse of women. AI reports that in May
and June 1989 six soldiers and militia members were charged
with various offenses. The local media have published
accounts of punishments for such abuse.
Numerous credible sources report that RENAMO still executes
noncombatants after attacks on villages, often hacking or
burning people to death, apparently to intimidate would-be
resisters. Such assassinations are especially aimed at any
representative of the Government, including party officials,
school teachers, and health workers. In one such attack on a
communal village in Gaza Province in the south, 54 civilians
are said to have died. In March RENAMO killed three Italian
Capuchin priests and held one captive briefly after attacking
their mission. In July, apparently timed for the Fifth Party
Congress, RENAMO forces attacked a suburb 6 miles north of
Maputo, killing four civilians, and, according to government
sources, torturing four others, including an 8-year old child,
by cutting off their ears. Also in July RENAMO guerrillas
reportedly killed more than 80 civilians in an attack on
Ressano Garcia, a town close to the South African border.
Numerous other refugee accounts accuse RENAMO of
systematically kidnaping civilians, including children, some
in their early teens, who are forced to bear arms for
RENAMO. RENAMO also forces civilians, after an attack on
their settlement, to carry confiscated items back to RENAMO
camps; those prisoners too weak to keep up are sometimes
killed. Prisoners allegedly are forced to cultivate food for
the insurgents, and violence against women, including rape, is
common. RENAMO' s policy of deliberate destruction of economic
targets, including factories and land transportation
facilities, has touched off famine conditions in some areas,
particularly Zambezia Province. Relief convoys, health
workers, and clinics were frequently targeted for attack.
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MOZAMBIQUE
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
In 1989 Mozambicans were allowed to speak freely on many
issues, but press freedom was restricted. The Constitution
provides for freedom of speech and opinion and citizens are
officially encouraged to express their views in grassroots and
higher level party meetings. The FRELIMO Fifth Party Congress
in July was the culmination of a year-long debate on
wide-ranging policy matters in party assemblies nationwide.
The national media remain small and controlled. The two radio
stations and one television station are government owned; the
print media are owned by private entities, but the Government
makes key management decisions and provides subsidies. There
is no prior censorship, but it is understood that the press
must follow certain guidelines; it cannot contradict
government policy, and it must support the general goals of
FRELIMO. Within these limits the media can engage in vigorous
investigative reporting. In 1989 the media featured freguent
press exposes of incidents of official abuse of power,
bureaucratic mismanagement, and government and military
corruption.
Given the problems of poverty, illiteracy, and shortage of
hard currency, the market for books and publications is
small. However, some foreign publications, including
independent Western news magazines, do occasionally appear in
bookstores. Church groups circulate newsletters and pastoral
letters. Western journalists (including Americans) are
welcome in Mozambigue, and the Government assists in their
visits. Regular foreign radio broadcasts and South African
television are received without interference or restrictions.
Academic freedom is circumscribed. Some attempt is made to
encourage teachers to promote pro-FRELIMO patriotism and to
provide texts with a similar bias. In fact, resource
limitations render these attempts ineffectual. Students at
the university level complain of "elitism" on the part of
senior professors which discourages the full interchange of
ideas more than they complain of ideological limitations on
debate.
b. Freedom of Peaceful Assembly and Association
No political organization is permitted outside the party. The
Constitution provides for freedom of assembly and association,
but it also makes FRELIMO, the "guide of the organs of state
power," the only legal political organization. All mass
organizations, such as the women's and youth's organizations
and the sole labor union, are associated with the party.
Nonpolitical association is uncommon, but permitted (e.g.,
leading private businessmen formed an association in 1988) .
Organized protest and demonstrations are rare. One major
exception was a student strike in May at Eduardo Mondlane
University. Students, while carefully stressing that theirs
was not a political movement, demanded improved living
conditions, scholarships, and a more representative student
organization than that provided by the FRELIMO- linked
organization of Mozambican youth. Eventually, high government
officials addressed some of their demands, and the students
returned peacefully to their classes, without penalty.
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MOZAMBIQUE
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
The Constitution mandates strict separation of church and
state and guarantees individuals the freedom to "practice or
not practice a religion." Religious institutions, however,
are required to "conform with the State's laws." The
Government does not require religious organizations or
missionaries to register, and foreign missionaries are readily
granted visas.
In the early postindependence period, relations between the
Government and religious organizations were frequently tense
and characterized by numerous expropriations of church
property and official criticism of religious activities and
beliefs. In recent years, however, the Government has
attempted a rapproachement with religious institutions that
intensified in 1989. The Government and party leaders praised
major denominations for their contribution to Mozambican
social development, and the Fifth Party Congress decided to
allow private entities, presumably including religious
institutions, to operate schools. In December the Government
returned the Maputo synagogue to the local Jewish community.
In the formal dialog between the Government and leaders from
several religious denominations, the discussions centered on a
comprehensive law to resolve such issues as the extent to
which religious groups can print and distribute publications,
the ownership of some expropriated church properties, and
whether Muslim women can be exempt from obligatory military
service. However, the Government has not yet returned a
Maputo church seminary or passed legislation on religious
freedom, as it had indicated it would do.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
As an emergency security measure and to prevent evasion of
conscription, the Government requires all citizens to obtain
travel permits from the local authorities. In practice, this
directive is often ignored because of the lack of
administrative control and resources in parts of the
countryside. However, many religious leaders complain that
government security regulations requiring missionaries and
others to seek permission for interprovincial travel
interferes unduly with their work. The Government also
requires people to move from areas designated as security
zones. There is no exile or revocation of Mozambican
citizenship for political reasons.
Presently, some 385 refugees of various nationalities,
including South African, have successfully sought refugee
status in Mozambique. These refugees receive material aid
from the United Nations High Commissioner for Refugees (UNHCR)
with the full cooperation of the Mozambican Government. There
are no reported cases in which refugees have been forced to
return to countries where they have a well-founded fear of
persecution.
Security conditions have forced many Mozambicans to leave
their homes. An estimated 1 million are internal refugees,
living mainly in displaced persons camps scattered throughout
the country. In these camps, they receive emergency aid from
the Government and from the international community. Many
242
MOZAMBIQUE
thousands more have taken refuge in neighboring countries.
According to recent estimates, 627,700 Mozambican refugees are
in Malawi alone. Other receiving countries include Zimbabwe,
with 74,000 refugees; Tanzania, 72,000; Zambia, 24,000; and
Swaziland, 10,000. Another 38,000 are thought to be in South
Africa, although this estimate is only an approximation, given
the difficulty in distinguishing economic migrants from
displaced persons and refugees.
While Mozambican law does not address the issue of emigration,
in practice the Government does not interfere with those who
wish to leave. The Government readily accepts and aids
repatriates. An estimated 116,000 refugees have returned to
Mozambigue, some on their own initiative and some through
UNHCR voluntary repatriation programs coordinated with
neighboring governments. South Africa routinely repatriates
undocumented Mozambicans, although in recent well-publicized
instances, they have allowed the temporary entry of villagers
who are fleeing RENAMO attack. The Government has protested
these involuntary repatriations, including from Zimbabwe, but
is unable to prevent them.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens do not have the right to change their government or
the laws that govern them. In practice, the President and the
Council of Ministers control policymaking and implementation.
The President has extensive appointive powers in both his
government and party roles. He sets policy guidelines in
consultation with the 12-person Politburo and the 164-member
Central Committee of FRELIMO, whose members are elected at
party congresses at 5-year intervals. The Constitution does
not allow the formation of new or dissenting parties.
Non-FRELIMO party members, however, may and do participate in
the Government, including at the ministerial level.
People may choose delegates to a series of hierarchically
organized peoples' assemblies, including the National People's
Assembly, from a slate of candidates prepared by FRELIMO. The
peoples' assemblies have been the scenes of occasional
spirited debates, but they function largely as advisory
bodies, with little real power to initiate policies not
sanctioned by high-level authorities.
Following the contacts between church leaders and RENAMO
groups in Kenya, the Government and party publicly backed
peace talks with RENAMO. The Fifth Party Congress endorsed a
negotiated settlement but stipulated that RENAMO must agree to
renounce violence and support the current Government, its laws
and Constitution. President Chissano also asked the
Presidents of Kenya and Zimbabwe to help mediate the
conflict. For its part RENAMO demands free elections and a
multiparty system. However, there is considerable variance
between RENAMO' s demands and its practices in its areas of
operations. RENAMO has not established any recognizable
administrative machinery that might provide a more concrete
indicator of its plan of government.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government was increasingly receptive to international
human rights monitoring groups in 1989. An AI delegation
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MOZAMBIQUE
visited Mozambique in September, at the Government's
invitation, and AI ' s subsequent report commanded favorable, if
selective, comment by the Government. The decision to repeal
the law on flogging may have been influenced by concern
expressed by various international groups.
The ICRC now has access to security prisons nationwide and is
likely to begin visits to civilian prisons, where some
security prisoners are reportedly held. The Ministry of
Justice and the ICRC organized a conference on human rights in
March to discuss the application of human rights principles in
international human rights conventions and the problems of
refugees and asylum in Mozambique. U.N. agencies, such as the
UNHCR and the International Labor Organization (ILO), also
have programs in the country.
There are no internal Mozambican human rights organizations,
either official or independent. Current restrictions on
freedoms of speech and press would make it difficult, if not
impossible, for any group to report fully and objectively on
the Government's human rights policies.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
According to official government policy and pronouncements,
Mozambique is a multiracial, nondiscriminatory society. There
does not appear to be any systematic persecution on the basis
of ethnicity or race. There are no ethnic or racially based
quotas on government employment or benefits, nor is the
Government controlled by any one of Mozambique's 10 major
ethnic groups.
Nonetheless, the FRELIMO Government tends to include a
disproportionate number of southerners, mostly from the
Shangaan ethnic group, at all levels. Members of the northern
Makonde tribe are well represented. White, Asian, and
mixed-race Mozambicans are also heavily represented relative
to their numbers in the population, causing a certain degree
of resentment. However, whites, Asians, and those of mixed
race are not allowed in the military. Most observers, both
Mozambican and foreign, believe that ethnic imbalance results
from the greater educational opportunities available to
southerners and nonblacks under the former colonial
administration and not from deliberate government policies.
In 1989 the disproportionately high number of Shangaan
speakers in higher education was cited by university and
government officials as an injustice requiring priority
action. It is widely believed that the personnel changes
following the Fifth Party Congress were intended to promote
greater regional balance. The Government has also been
undertaking a little publicized "Africanization" program of
moving black Africans into positions formerly occupied by
whites .
The leadership of the RENAMO insurgents is predominantly from
the Shona-speaking ethnic groups who live near the Zimbabwean
border .
The Constitution forbids discrimination on the basis of sex
and mandates equal rights and responsibilities for women.
Family law requires that women have equal property rights and
rights over the children in any marriage. FRELIMO' s mass
organization for women, the Organization of Mozambican Women
(OMM) , has made a long-term project of studying the
244
MOZAMBIQUE
traditional practices of the various ethnic groups and
challenging, through grassroots education programs, those
practices that are determined to be detrimental to women.
According to medical and other sources, violence against
women, especially wife beating, is fairly widespread in
Mozambique, especially in the rural areas. The police do not
normally intervene in domestic disputes, and cases are rarely
brought before the courts. Official government policy is
against such violence, but it has not addressed the issue
specifically, and its influence is weak, especially in many
rural areas affected by the civil war. The FRELIMO women's
organization has a campaign to change public attitudes. Other
practices, such as female genital mutilation (circumcision)
and bride-price payments, also continue in some rural areas.
Female circumcision is found most frequently in coastal areas,
particularly among Muslim groups.
Section 6 Worker Rights
a. The Right of Association
All workers are free to join or not to join a trade union.
However, all trade unions must belong to a central labor union
association, the Organization of Mozambican Workers (OTM) ,
which is loosely affiliated with FRELIMO. Trade unions
independent of the OTM are prohibited by law, and there has
been no known effort to form another federation. In past
years, over half of the salaried workers in Mozambique
belonged to OTM-af filiated unions. However, press reports
indicate that union membership in Maputo Province, where a
disproportionate number of Mozambique's salaried workers are
located, actually decreased in 1989. Many factories have been
destroyed in the conflict with RENAMO, forcing OTM members who
lost their salaried jobs to turn to subsistence agriculture.
Other workers have become too impoverished to pay union dues.
Unions do not have the right to strike in practice, and there
was no known strike activity in 1989. High unemployment makes
strike action ineffective. In mid-1988, a wildcat strike by
dockworkers ended when the Government fired the strikers and
replaced them with newly hired workers.
The OTM considers its relations with international trade union
organizations to be an important element of its mission, and
it frequently serves as a conduit for foreign assistance to
Mozambican trade unions. The OTM is not affiliated with any
non-African international trade union organizations. It is a
member of the Organization of African Trade Union Unity and
the Southern African Trade Union Coordinating Council. The
OTM participates in exchange and training programs with the
American Federation of Labor and Congress of Industrial
Organizations and with unions from several Western European
nations. The OTM also has extensive ties to Soviet and East
European unions.
b. The Right to Organize and Bargain Collectively
Workers are only allowed to organize and negotiate with
employers within the OTM structure. Union membership is
voluntary, but the Government encourages workers to join and
actively participate in unions. The Government sets wage
rates, so collective bargaining, as such, does not exist.
However, the Government consults the OTM on labor and economic
policies which affect unions, and the OTM monitors
245
MOZAMBIQUE
occupational safety conditions.
One of the OTM's primary activities is to represent workers at
disciplinary action hearings and during labor disputes. The
OTM sponsors a number of training programs for workers and
operates a canteen service to provide low-cost meals at work
sites and factories.
Some professional organizations, such as the Association for
Journalists, Writers, and Musicians, have attained quasi-union
status following a 1988 agreement that allowed them to
petition the National People's Assembly for improvements in
members' working conditions. The Association of Mozambican
Journalists received a significant wage increase for its
members as a result.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law; there have
been no reports of such labor practices by the Government.
RENAMO reportedly forces kidnaped civilians to perform various
support functions, including portering arms and supplies, and
growing food for combatants.
d. Minimum Age for Employment of Children
Child labor is regulated, and in the wage economy the minimum
working age is 16. Because of high adult unemployment, there
are few children in regular wage positions. However, minor
children commonly work on family farms or in the urban
informal sector, where they perform such tasks as watching
cars or collecting scrap metal.
e. Acceptable Conditions of Work
The minimum wage is set at about $27.50 per month at the
current official exchange rate, although it is less than half
that amount in dollar terms at the black market rate of
exchange. This salary is not adequate to sustain an average
worker's family, especially under the ongoing economic reform
plan which reduced or removed government subsidies on many
basic goods. Given the 40 percent unemployment rate and the
occasional lack of effective government enforcement, many
salaried workers are probably receiving less than the minimum,
and workers must turn to second jobs, if available, or more
likely to subsistence agriculture to survive. An estimated 85
percent of the work force is engaged in semisubsistence
agriculture, which is not covered by minimum wage legislation.
The standard legal work week is 44 hours. Women workers are
guaranteed 2 months paid maternity leave, although it is
difficult to ensure compliance with these regulations. If
firms have day-care facilities, women reportedly have the
right to two breaks of 30 minutes duration daily for a year to
feed their children.
Most of the population is engaged in subsistence agriculture
and is not affected by the wage economy and government
regulations regarding working conditions. In the small,
modern sector, the Government has enacted health and
environmental laws to protect workers. On occasion, the
Government has closed firms for noncompliance with these laws,
but enforcement is difficult in the current economic situation.
246
NAMIBIA
Formerly German South West Africa, Namibia -since 1915 has been
ruled by the Republic of South Africa. Under the terms of the
Tripartite Agreement signed in New York on December 22, 1988,
by the People's Republic of Angola, the Republic of Cuba and
the Republic of South Africa, South Africa agreed to implement
the U. N. Plan for the independence of Namibia in accordance
with United Nations Security Council Resolution (UNSCR) 435.
Implementation of the UN Plan began on April 1, 1989, and will
continue until Namibia becomes independent, which is scheduled
to occur by April 1, 1990. Until independence the South
African Government through its Administrator-General (AG) will
continue to administer the territory under the supervision and
control of the Special Representative of the U.N.
Secretary-General (SRSG) and the United Nations Transition
Assistance Group (UNTAG) .
The South West Africa People's Organization (SWAPO) won
Namibia's first free election in November for a Constituent
Assembly which will prepare a new constitution, but it failed
to gain the two-thirds majority needed to have a free hand in
in drafting the constitution. SWAPO, primarily an African
nationalist organization with previous ties to Eastern Europe,
Angola and Cuba, had waged a 23-year bush war against South
Africa for Namibia's independence. Until recently, SWAPO
advocated a Marxist-oriented economic and political system in
Namibia, but since implementation of the U.N. Plan it has
espoused the importance of a free market economy and
democratic principles. At SWAPO' s suggestion, the Constituent
Assembly adopted the framework for the Constitution which will
embody the basic principles governing the organization and
powers of the government, the holding of elections, and
protection of human rights agreed to in July 1982 by the
parties involved in the U.N. Resolution 435 negotiation
process .
The Transitional Government of National Unity installed by
South Africa in 1985 was disbanded in March 1989 and its
functions absorbed by the Administrator-General. A general
cease-fire took effect in the guerrilla war in the north in
September 1988 and held until April 1, 1989. On that date,
SWAPO sent hundreds of armed members of its military wing, the
People's Liberation Army of Namibia (PLAN), across Namibia's
northern border, violating the cease-fire and its obligations
under UNSCR 435. Widespread fighting erupted throughout
northern Namibia, in which over 300 PLAN fighters and about 30
members of the reactivated special counterinsurgency unit
known as "Koevoet" (which means crowbar in Afrikaans) and
other security forces were killed. Following vigorous
diplomatic efforts by the countries concerned, on May 19,
1989, South Africa, Angola, and Cuba agreed that the situation
was under sufficient control so that implementation of the
U.N. Plan could proceed.
After mid-May, implementation of the U.N. Plan radically
changed the political atmosphere. The South African Defense
Force (SADF) withdrew on schedule, and a residual 1,500 SADF
men, who were confined to base under UNTAG monitoring,
departed shortly after the elections in November. The South
West African Territorial Force (SWATF) was disbanded, and its
weapons placed under UNTAG control. Over 40,000 exiled
Namibians, mostly SWAPO members, were repatriated. Exiled
SWAPO leaders, including SWAPO President Nujoma, returned and
openly campaigned in the elections. Under the terms of the UN
Plan, on July 20 after talks with the SRSG, the AG released 24
247
NAMIBIA
political prisoners. SWAPO had called for the release of
another 8 being held in Windhoek jail, but the SRSG was
advised by an independent jurist that they should not benefit
from the political prisoner amnesty program. At year's end,
three were still being held: one was serving a 20 year
sentence for sabotage and murder as a result of a bomb blast
in Oshakati in 1987; the other two were serving lesser
sentences for bombings in 1987 and 1988. In addition, amnesty
was granted to persons born in Namibia who chose to return
under the auspices of the United Nations High Commission for
Refugees (UNHCR) .
Many of the detainees held by SWAPO in prisons in Angola were
released, although 256 remained unaccounted for, and 115 were
presumed dead. Many were allegedly murdered by SWAPO while
being held in SWAPO prisons in Angola. South West African
laws deemed by the SRSG to be prejudicial to holding of free
and fair elections — including many security laws used to
suppress political activity — were repealed. The AG disbanded
Koevoet on September 30. The AG also created the O'Linn
Commission, a special commission under a respected human
rights advocate with broad powers to investigate charges of
intimidation and election malpractice. This commission made
two judgments against instances of police and political party
misconduct. It found alleged former members of Koevoet guilty
of assaulting SWAPO supporters on their way to a police
station in Ovamboland to obtain permission to hold a political
rally. The Commission also found against a policeman in
Caprivi who attempted to cover up an assault on a SWAPO
supporter.
Certain persistent problems plagued the implementation
process. Reports of misconduct by the South West African
Police (SWAPOL), such as intimidation at political rallies and
harassment of pro-SWAPO supporters, continued through
September. SWAPOL was also accused of being pro-Democratic
Turnhalle Alliance (DTA) . In addition, former members of the
SWATF were reportedly responsible for many incidents of
anti-SWAPO harassment and intimidation. Press reports issued
during the election period from UNTAG and the AG's office
indicated that both SWAPO and the DTA practiced intimidation
against each other and the smaller parties. Responding to an
increase in incidents through August, the SRSG called on the
leadership of the political parties in September to agree on a
code of conduct aimed at reducing violence and ameliorating
the atmosphere of mutual suspicion and tension.
Unfortunately a terrorist incident marred the implementation
process. Extremist whites were allegedly responsible for a
bombing attack in August on an UNTAG office in Outjo in which
a Namibian citizen was killed. Three suspects, members of the
"White Wolves," a self-proclaimed white supremacist
organization, were arrested and arraigned on charges of arson
and murder in September. Press reports citing police
investigations alleged that the White Wolves had ties to other
extremist groups in South Africa. On December 5, the suspects
escaped from police custody and were still at large at year's
end. Also in September a prominent white official of SWAPO
was assassinated. SWAPOL arrested a suspect 2 days later, who
remained in police custody in Windhoek prison at the end of
1989 charged with murder. Anonymous callers identifying
themselves as White Wolves claimed responsibility for the
murder and threatened other white activists with death.
Except for the April 1 incursion, SWAPO has not been linked to
terrorist incidents.
24-900 O-
248
UhUlSlh
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were several charges of politically motivated killings
during 1989. In Rundu in August, two policemen shot and
killed a former Koevoet member who had joined SWAPO. While
the policemen claimed they fired in self-defense, local human
rights advocates suspected the former Koevoet member was
murdered. Also in August, Petrus Joseph was murdered,
allegedly because he had complained of police narassment for
some time. Petrus, along with Paulus David and four other
ex-Koevoet members, had obtained a court order in March 1989
to restrain members of the security forces from intimidating
and harassing them. David testified in court cnat senior
officers had ordered Koevoet members to arrest and intimidate
people suspected of being SWAPO supporters. Between March and
August 1989, Petrus Joseph continued to complain of police
harassment, and in early August he was shot dead in his home
by police. Police claimed Petrus had threatened them with a
pistol, forcing them to shoot in self-defense. The police
also said they had found hand grenades in Petrus' home. A
formal inquest into the case was convened in Rundu in
September, with members of Namibia's Legal Assistance Center
acting for the victim's family. The results of the inquest
were scheduled to be heard in December, but the accused
policemen did not appear in court. The inquest hearing was
rescheduled for February 1990. The Legal Assistance Center
said the policemen had not been properly subpoenaed.
In mid-August several persons, reportedly white extremists
with links to South African extremist groups, launched an
attack with guns and incendiary grenades against UNTAG
facilities at Outjo; one Namibian security guard was killed.
Three men were arrested in September and October and charged
with arson and murder in this attack. The three men escaped
from police custody December 5 and were still at large at
year's end. A policeman shot during the escape died on
December 19. In late September, a DTA member was beaten to
death by a group of SWAPO supporters in Ovamboland; the DTA
claimed that the attack was motivated solely because the
person was a member of the DTA. The murder sparked interparty
fighting between DTA and SWAPO supporters, leading to the
deaths of several SWAPO members. In mid-September a policeman
was killed while in hot pursuit of a criminal who sought
refuge in the town of Otjiwarongo in northern Namibia. A mob,
reportedly of SWAPO supporters, sought to protect the
fugitive. The policeman wounded two attackers from the mob
before he was overpowered and beaten to death. Also in
September, a senior white official of SWAPO, Anton Lubowski,
was assassinated in front of his home by unknown gunmen;
police arrested a suspect 2 days later, who at year's end was
in detention and charged with murder. In each instance of
killing the South African authorities convened an inquest. In
most of these cases, various perpetrators have been arrested
and charged, though none had come to trial by the end of
1989. Local human rights groups expressed dissatisfaction
with these proceedings. No security force member has been
prosecuted, although a case is still pending for security
force members held for the 1986 murder of Immanuel Shifidi at
a political rally. Several of the killings did not appear to
249
have been directly motivated by politics, but because of the
tense atmosphere preceding the elections, every confrontation
between the local population and the police took on political
overtones .
Former detainees of SWAPO forces who returned to Namibia in
July alleged that many detainees had been executed without
trials or hearings in the SWAPO prisons in Angola. The
detainees produced a list of 74 persons believed to have been
killed by SWAPO security personnel. The deaths dated from
1976 to 1988; none was alleged to have occurred in 1989.
SWAPO spokesmen said the movement did detain persons whom it
identified as spies for South Africa but had released all of
them.
b. Disappearance
The former SWAPO detainees released a list of 449 names of
persons believed to be still held by SWAPO in prisons in
Angola. The former detainees claimed that several hundred
others, whose names they did not know, were also being held.
SWAPO leaders said they had released all of their detainees.
The U.N. Special Representative, who has a mandate under the
U.N. Plan to ensure the release of all political prisoners
held by both sides, sent a team to Angola and Zambia in
September to investigate the fate of those reported to be
missing. Subsequently, from a list of 1,100 names, the team
accounted for over half of the reported missing and detained.
By mid-December the number unaccounted for stood at 256. At
that time Namibians were still coming forward to identify
themselves as persons on the "missing" list. The UNTAG
mission continued to meet regularly in Windhoek (capital of
Namibia) to resolve the remaining cases.
Prisoners released by the South Africans in June and July
alleged that a number of prisoners had died while in custody
or been taken into the bush and killed. Under previous
security laws police were not required to notify their
superiors or relatives of the detainees of detentions, and
detainees could be held in any location desired by the
detaining officers. Amnesty International (AI), in its August
1989 report on Namibia, noted that it remains impossible to
say exactly how many people disappeared while in South African
custody.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment.
Allegations of security force abuses declined in 1989, but the
events of April 1 led to a sudden resurgence of charges of
brutality by the police and members of the SWATF 101
battalion. Allegations against Koevoet and SWATF surged
dramatically following the April 1 SWAPO incursion. There
were 400 complaints against SWAPOL elements from April 1 to
August 1. Many of these incidents stopped short of armed
violence. There were also a number of reports of civilians
beaten by members of the security forces, particularly by
members of Koevoet, although many acts of violence attributed
to Koevoet were committed by active or demobilized members of
SWATF. By August 1989 continuing reports of misconduct and
harassment, including beatings, of civilians by former Koevoet
members reached such a point that the Special Representative,
supported by the Security Council, demanded that they be
withdrawn from the police force. This was accomplished in
October.
250
Former SWAPO detainees, on their return to Namibia, stated
they had been beaten and tortured by their SWAPO guards while
imprisoned. Some claimed they had been tortured because they
were intellectuals or better educated than the SWAPO inner
circle. Many, including women, displayed extensive scars.
Men were commonly beaten on the back, buttocks, and legs; a
number said they were hung upside down from trees or roof
beams and beaten. Women were burned on their breasts with
lighted cigarettes. Several detainees said they knew
personally of victims who were beaten or tortured to death.
AI also cited, in its report on Namibia, allegations by
detainees of torture and deplorable conditions of imprisonment
in SWAPO-cont rolled camps in Angola.
d. Arbitrary Arrest, Detention, or Exile
Although security legislation which permitted detention
without trial has been repealed in accordance with the U.N.
Plan, and while security forces are now obliged to notify the
UNTAG police monitors when they make an arrest, reports and
allegations of SWAPOL misconduct continued to be a serious
problem into September. SWAPOL was accused of making arrests
without warrants, and there were a few cases of incommunicado
detention. As the election drew near, political tension
between DTA and SWAPO supporters increased which resulted in
more reports of SWAPOL misconduct. With DTA and SWAPO
confrontations on the rise, SWAPOL' s role in handling the
confrontations increased and so did reports and allegations of
misconduct. SWAPOL also conducted the investigation of
allegations against itself, since UNTAG served in a monitoring
and not investigatory capacity. While UNTAG police monitors
have been unable to prevent all abuses, few of SWAPOL 's
arrests resulted in formal charges, and most of those arrested
were released within a few hours. Relatives of people who are
arrested often appeal directly to UNTAG police monitors for
assistance. UNTAG monitors cannot overturn arrests, but they
can confirm the identities of those arrested, monitor
investigations of police behavior, and report abusive behavior
or police misconduct.
There were no reports of, new detentions by the security forces
in 1989. Police must now present the accused before a
magistrate within 24 hours and lay a formal charge. The
accused has the right to be represented by an attorney,
although the police do not always facilitate access. The
Government stopped funding in 1989 a legal aid program. On
capital offense charges, however, the State still is required
to provide and pay for an advocate.
Former detainees of SWAPO claimed that no judicial procedures
were observed in connection with their detention. They
publicly stated to the press and international organizations
that they were often not even informed that they had been
arrested. Many claimed they were simply thrown into dungeons;
they were not advised of any rights or of the charges against
them. None was tried or brought before any hearing; the
purpose of the torture cited above, according to some
detainees, was to extract confessions and to force the victims
to implicate others, who would be arrested and tortured as
well. Some of these confessions were allegedly videotaped and
shown to senior SWAPO leaders as "evidence" of the detainee's
guilt; most were accused of spying for South Africa. Many of
the detainees believe that they were the victims of a party
purge, singled out because of political differences, tribal
affiliation, or because they were "intellectuals."
251
with regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
The judiciary is independent of the executive branch (now the
AG) , and the Supreme Court in Windhoek is widely respected for
its integrity. There are only two court levels in Namibia,
magistrate and supreme. The Supreme Court is the high court.
For appeals, cases are subject to appellate review by the
South African Court of Appeals in Bloemfontein. Although
Namibia was in transitional status, the State's Attorney could
still appeal politically sensitive cases to Bloemfontein,
because the SRSG had neither jurisdiction over the legal
system nor any relationship with the Namibian courts. Trials
are public, and defendants have a right to counsel. There is
little criticism of the courts themselves, which administer a
Roman-Dutch legal system, whereby cases are heard by a
magistrate or a panel of judges. Former criticism of the
legal system concerned the widespread use of detention without
trial, notably under AG 9 of 1977 or Section 6 of South
Africa's Terrorism Act of 1967. Those brought to trial now
can expect a fair hearing based on the legal merits of their
case, and there is a right of appeal. Defendants are
considered innocent until proven guilty.
In March 1989, a full bench of the Supreme Court of Namibia
invalidated South African President P.W. Botha's decision in
March 1988 to halt the trial of six security force members
charged with the murder of Immanuel Shifidi at a political
rally in 1986. An appeal to the South African court in
Bloemfontein is still pending. Since implementation of the UN
Plan, legal rights groups have noted the light sentences that
the Supreme Court has given for crimes caused by or related to
political motives of political party supporters or members of
the police.
The Namibian courts, supreme and magistrate, also have been
careful not to involve themselves in cases which might
threaten the implementation of the UN Plan. In May, 11
so-called "headmen" (9 from Ovamboland, 1 from Caprivi and 1
from Kaokoland) brought a case against the Special
Representative, UNHCR, SWAPO, the Council of Churches, the AG,
and the South African Defense Minister. The headmen were
trying to stop the refugee repatriation process from Angola
until adequate protection could be provided to them and their
communities. They argued that the refugees — who the headmen
claimed were really ex-PLAN fighters — represented a threat to
their safety. The Supreme Court issued an interim order that
the AG provide protection for the headmen but later reversed
its decision.
Traditional tribal courts continued to operate in the tribal
areas. These courts deal mostly with minor criminal offenses,
such as petty theft and infractions of traditional customs.
Cases are heard by a village or tribal headman or chief, who
may receive advice from a traditional council or civil
servant. Procedures are informal and vary from tribe to
tribe; observers report that the system can work well to
resolve minor problems by communal consensus but, because of
the lack of review and the strength of traditional authorities
in the rural areas, is also subject to abuse.
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f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Security legislation before implementation of the U.N. Plan
allowed almost unlimited powers of search and seizure.
Invasion of the home was commonplace in the northern areas.
Press reports during the April fighting indicated that
security forces drove their heavily armored vehicles through
the homes of persons suspected of supporting the guerrillas.
Allegations of warrantless searches, threats against
civilians, and intrusive interrogation to establish the
whereabouts and identities of returnees (including PLAN
fighters repatriated as refugees) continued to concern UNTAG
and other observers until late in the year.
Outside the north, surveillance and monitoring of mail and
telephones of political activists appeared to decline.
However, legislation pertaining to the gathering of security
information. Post Office Act No. 44 and National Security Act
No. 19, remained in force throughout 1989 and gave the AG the
right to intercept telephone calls and mail without a
warrant. There is no evidence that the AG invoked these
powers after April 1.
g. Use of Excessive Force and Violations of Humanitarian
Law in Internal Conflicts
There were many instances of the use of excessive force and
violations of humanitarian law by both South African security
forces and SWAPO military units in the course of the 23-year
bush war. Over the years, many innocent civilians were killed
in the conflict. However, the de facto cease-fire which came
into effect in August 1988 led to a lessening of tensions
along the border and the reports of violations declined
through the rest of 1988 and into 1989.
The events of April 1 led to a resurgence in accusations of
serious violations. During the fighting and for many weeks
afterward, many reports and allegations surfaced of security
forces beating civilians during interrogation in their efforts
to locate SWAPO infiltrators.
The fighting itself in April produced lopsided casualty ratios
of 10 to 12 SWAPO infiltrators killed for every 1 taken
prisoner. Sources who claimed to have examined some of the
bodies state that many of the dead appeared to have been shot
through the head at close range. Photos of roughly 18 PLAN
members taken by a photojournalist from the London-based
Sunday Telegraph and shown on the U.S. program "South Africa
Now" were examined by a forensic expert from Guys Hospital in
London and and a U.S. forensic expert. The two claimed that
the bodies appeared to have been shot at close range. Local
police claimed that their investigations failed to confirm
these allegations. The buried bodies were exhumed in July and
autopsies performed on each. Most of the forensic facilities
and experts were South African. Several inquest hearings were
scheduled then postponed. Since the elections no apparent
follow-up of the status of the investigation or rescheduling
of the inquest have been made.
SWAPO as a guerrilla movement was accused of serious
mistreatment of its detainees (See Sections I.e. and l.d.).
As a political party it, along with the DTA, was responsible
for acts of intimidation and violence against voters during
the election campaign.
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Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Many laws circumscribing freedom of speech were repealed in
1989 as part of the U.N. Plan. The SRSG ensured that all laws
which would prevent free and fair elections were repealed, in
particular those relating to political expression.
Restrictions on obscenity remained in effect, but the press
reported freely on political, security, and economic matters.
The daily newspapers, which are generally party organs, were
guite vigorous in their criticism of the AG, UNTAG, the U.N.
Plan, and each other.
In late September, a Namibian publisher, two newspaper editors
and an American journalist, Scott Stanley, were arrested on
the "criminal" charge of defaming the O'Linn Commission, a
Namibian government commission charged with investigating
allegations of election fraud and malpractice. Stanley had
interviewed its chairman, Bryan O'Linn, in July and wrote a
commentary for his news organization critical of O'Linn. The
piece charged that O'Linn was pro-SWAPO and not fit to head
the Commission. O'Linn called the allegation contemptuous,
and the State brought charges against Stanley and two Namibian
newspapers that published the commentary. The trial judge
found that Stanley had misquoted and otherwise denigrated
O'Linn. On November 21, all defendants were found guilty on
some of the counts against them and received fines. Stanley
was found guilty on one of two counts and fined the equivalent
of $96.
The South West African Broadcasting Corporation (SWABC)
operates under a board appointed by the Administrator-General.
SWABC newscasts on radio and television have traditionally
been biased in favor of the status quo and against SWAPO,
referring to it prior to April 1 as a terrorist organization.
Following April 1, 1989, SWABC modified its news policy to
permit mention of SWAPO as a political party like the others
but continued to be highly biased against SWAPO. Three
reports issued at intervals in 1989 by an independent
monitoring group, NPP-435, documented instances of SWABC
bias. The SRSG insisted that improvement in the broadcast
media's performance was essential to creating the conditions
for free and fair elections. SWABC's bias did diminish
somewhat during the year, but the network's newscasts still
had relatively low credibility among many listeners and
viewers .
With the repeal of most security legislation related to
political offenses, academic freedom is now respected in
Namibia. Local scholars are free to publish, travel, speak,
and participate in local politics for the first time in many
years without fearing loss of employment or prosecution.
b. Freedom of Peaceful Assembly and Association
Namibians generally enjoy the freedoms of peaceful assembly
and association. The repeal of pertinent security legislation
has resulted in greater freedom of assembly and unprecedented
political rallies were held throughout the country.
Political rallies do not require approval, but parties must
provide prior notice of meetings under proclamation AG 23 of
1989, and must conform to certain guidelines relating to
safety and traffic. In August a SWAPO rally was peacefully
254
dispersed for failing to conform with the requirement that the
police be notified 3 days in advance; party organizers had in
fact notified the local magistrate, as was required under old
legislation. In late September, the DTA held a march through
Windhoek's black township of Katutura. Although the party had
received permission from the AG's office in August to use a
loudspeaker truck to do political campaigning, it did not have
prior permission to hold a march. The AG's office ruled that
the march was illegal under the terms of AG 23.
A SWAPOL commander in the north was accused before the AG's
Commission on Intimidation (the O'Linn Commission) of having
deliberately staged a police attack on a peaceful assembly of
SWAPO supporters in Ovamboland in June. In September police
in Windhoek used plastic bullets to disperse a group of
striking workers (see Section 6. a.). Students and government
workers in northern Namibia staged a walkout in July to
protest continued police abuses. The aim of the 1-month long
school boycott, involving 160,000 students in 518 schools, was
to urge the Government to remove ex-Koevoet members from the
police force. A number of spontaneous demonstrations
occurred, which led to some minor clashes.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
Namibians enjoy the free practice of religion. Almost all
Namibians are Christian, with the Evangelical Lutheran Church
in Namibia (ELGIN) being the single largest denomination.
Roman Catholic, Anglican, Methodist, Dutch Reformed, and the
African Methodist Episcopal Churches are also active. There
is one Jewish synagogue in Windhoek, and a small community of
Muslims .
Church leaders, who consistently condemned the use of violence
in the past, also spoke out against the use of violence and
intimidation by the political parties and urged reconciliation.
Past travel restrictions against church leaders have been
lifted. Foreign church visitors have without exception been
granted visas, although some after delay or protest, to travel
to Namibia.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Under the terms of the U.N, Plan, all Namibian refugees who
fled the country during the conflict were entitled to register
with UNHCR for repatriation. More than 42,000 Namibians who
wished to return registered, and 42,736 had returned to
Namibia by the end of 1989. This included the senior
leadership of SWAPO, other exiled politicians, and several
thousand PLAN fighters who repatriated as civilian refugees
after their units in Angola were disarmed and disbanded. The
former SWAPO detainees who returned were also repatriated
under UNHCR auspices. Many of the non-SWAPO returnees accused
UNHCR and its implementing agency in Namibia, the Council of
Churches in Namibia (CCN) , of partiality towards SWAPO, of
attempting to cover up or ignore SWAPO human rights abuses,
and of disregarding the legitimate needs of non-SWAPO
returnees. The non-SWAPO political parties also accused UNTAG
of failing to seek out vigorously persons detained by SWAPO
whose repatriation SWAPO wished to prevent.
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NAMIBIA
UNHCR's and UNTAG ' s inability to locate these SWAPO detainees
in SWAPO or Angolan custody came under particular criticism.
SWAPO and the Angolan authorities either could or would not
account fully for those believed to be missing.
The dusk-to-dawn curfew in the northern operational area was
lifted in early 1989, then reimposed during the April
fighting. It was lifted again in May. During the voter
registration process several observers claimed that Namibians
living in Walvis Bay and traveling to Swakopmund were subject
to delays and harassment at the border. UNTAG intervention
with the authorities alleviated the problem.
South Africa, through the Administrator-General, still
provided travel documents to Namibians. These, however, were
provided routinely to all Namibians not charged with or wanted
for a criminal offense. Several senior SWAPO leaders have
traveled to and from Namibia on South African passports. If
denied a passport, a Namibian could apply to the Minister of
Home Affairs in South Africa. However, the Minister did not
have to provide a reason for denial, and there was no right of
appeal through the courts.
There were no known deportations in 1989. The portions of the
South West Africa Regulations Act which permitted deportation
of aliens who threatened public order were repealed in June.
Section 3 Respect for Political Rights: The Right of Citizens
to Change their Government
In 1989, for the first time in their history, Namibians of all
ethnic groups exercised this right over 5 days, November 7 to
11, electing a Constituent Assembly to draft a constitution
for an independent Namibia. Ten registered political parties
contested the U.N. -supervised elections. SWAPO won the
election, receiving 57 percent of the 670,830 votes cast — a
turnout of more than 97 percent of the eligible voters. SWAPO
gained 41 seats in the 72-seat Constituent Assembly, a
majority, but not the two-thirds majority needed to adopt a
constitution within the 1982 guidelines. The DTA, which
dominated the Transitional Government since 1985, won 28
percent of the vote and 21 seats in the Assembly. The
remaining parties were: United Democratic Front, 4 seats;
Action Christian National Party, 3 seats; Namibia National
Front, 1 seat; National Patriotic Front, 1 seat; and Federal
Convention of Namibia, 1 seat. The SRSG certified the
elections as "free and fair," and the competing parties
agreed.
All parties cooperated in the initial work of the Constituent
Assembly, which, in late December, adopted the Standing
Committee's report on the outlines of a Namibian
constitution. The report reflected the ideas on which all
parties have agreed in principle: a 5-year term executive
presidency; a bicameral legislature; protection of fundamental
human rights; and national elections based on proportional
representation. The Standing Committee was preparing a draft,
in consultation with legal experts, which would be presented
to the full Assembly in early 1990. The majority party along
with others in the Assembly will determine how the government
will be formed. The Constituent Assembly will likely
transform itself into a national assembly, and no other
nationwide elections are scheduled for the near future.
256
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The attitude of the South African Government and the AG has
undergone a dramatic change with the implementation of the UN
Plan. Many observers from international human rights and
humanitarian and religious organizations visited Namibia in
1989 and traveled extensively throughout the country,
conducting their own investigations of the independence
process, police abuses, and the stories of the SWAPO
detainees. Several human rights and information services
established full-time offices in Namibia to monitor
implementation.
The Namibian Legal Assistance Center (LAC), which operates
five offices in Namibia, assisted indigent defendants and has
played an important role in political and security cases since
its founding in 1988. The Center faced a court challenge from
the AG's legal staff in mid-1989, but the Windhoek Supreme
Court dismissed the AG's case in August, forcing an
out-of-court settlement which fully recognized the right of
the LAC to continue its work.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
Much of the discrimination based on race built into the
structure of the Namibian Government created by South Africa
remained in place in 1989. Although the ethnically based
second-tier executive and legislative authorities were
abolished and their functions transferred to the AG, the
separate second-tier civil services and schools were
retained. As required by the U.N. Plan, only those laws
prejudicial to the holding of free and fair elections were
repealed, though many parties and observers demanded the
complete abolition of all ethnic classifications,
institutions, and authorities. The AG resisted this on the
grounds that administrative chaos would ensue and that the
complete restructuring of the Government should be left to the
country's first independent government.
Pending restructuring, the system of racial classification
remained essentially the same as in 1988. Most Namibians
carried an identity document under the Identification of
Persons Act of 1979. This document identified them as members
of one of the following ethnic groups: Ovambo, Whites,
Damara, Herero, Kavango, Kama, Colored (mixed race),
Kaokovelder, Bushmen, Rehoboth Baster, Caprivian, and Tswana.
A large proportion of the taxes collected from a particular
ethnic group stayed with that group, resulting in a gross
disparity in the distribution of government revenues. The
second-tier administration for the country's 80,000 whites had
a budget of $23 million while the authority for the 650,000
Ovambos (from which SWAPO derives its political base) had a
budget of $350,000.
Social facilities were generally open to all races, although
private businesses could — and on occasion did — restrict
clientele based on race, and a few refused to admit members of
UNTAG. The law did not require segregation in housing, but
economic factors produced essentially the same effect, with
separate townships for blacks and coloreds remaining part of
the structure of local municipalities. Some hospitals, such
as the state hospital in Windhoek, admitted all patients but
257
had separate wings for different races.
Nonracial private schools have operated in the territory for
several years; most are affiliated with the churches. The
public schools were under the ethnic second-tier structure and
were segregated. All of the political parties declared that
upon independence public education would be integrated but
some, such as the National Party, insisted that different
ethnic groups should be allowed to maintain segregated private
schools .
Women continue to face discrimination in both the traditional
and modern sectors, particularly in regard to financial and
legal matters. The coming of independence is not likely to
change this situation soon; discrimination is almost as deeply
entrenched in the "liberation movement" as it is in the
current Government. Under traditional practice, which was
still in effect for a majority of the population, a woman is
not independent. She is usually a ward of her father until
she marries; then she is a ward of her husband. There is
still de facto discrimination against women in employment in
the modern sector.
Family violence appears to be a deep-rooted and common
problem. The courts treated cases of wife beating as
assaults, but because of traditional attitudes regarding the
subordination of women, most such cases did not get to court.
The police do not normally interfere in domestic disputes.
Some community groups and government bodies were targeting
women in their development programs. Among these were the
Council of Churches' Namibian Women's Voice, the Women of
Namibia, and the Namibian Women's Organization in Ovamboland.
Section 6 Worker Rights
a. The Right of Association
The legal right to associate in labor unions, long enjoyed by
white and colored workers, was extended to blacks only in July
1978. Black union membership has grown markedly over the last
3 years. About 70 percent of all workers in the largest
private sector of the economy, mining, are unionized. Union
officials in 1989 claimed a membership of 50,000 out of a
private sector work force of at least 230,000. The total work
force is estimated at 400,000. The country's 20,000 to 30,000
farm workers employed on white-owned farms remain unorganized,
and many are subject to a regime of paternalistic
authoritarianism that gives them little say regarding their
conditions of employment and little access to outside
assistance.
Labor issues and politics are closely related; most of the
unions with a majority of black workers are sympathetic
towards SWAPO, and many union leaders are also SWAPO
officials. For example, until his murder Anton Lubowski,
SWAPO' s sole white senior official, was Secretary of Finance
and Administration of the National Union of Namibian Workers
(NUNW) . Unions are allowed to publicize their views and did
so in the November elections.
Namibian workers have and exercise the right to strike. With
the approach of independence, politically motivated industrial
action abated somewhat, but labor-management relations remain
turbulent. Workers often stop work before observing all the
required steps for the settlement of disputes which are
258
mandated by local labor codes. Employers, in turn, have the
right to dismiss legally or illegally striking employees, and
in the past have done so with relative impunity. No sanctions
are applied against the employer. During a legal strike an
employer can try to reach an agreement with workers by means
of a conciliatory board composed of management and union
members. However, the employer is not compelled to reach a
resolution, and in the case of an illegal strike, the employer
has the right of lockout. Proclamation R. 101 of 1985, which
contained a "bill of fundamental rights" that sought to
restrict the advocacy and organization of work stayaways and
boycotts, was repealed as part of the settlement process in
July.
In 1989 workers continued to strike individual firms over pay
and other issues. The firing of a labor organizer from a
local brewery resulted in a walkout of sympathetic workers in
September. The brewery then dismissed the strikers. When the
strikers gathered peacefully outside the brewery, reportedly
to get their final paychecks, the police ordered them to
disperse and then opened fire with plastic bullets, injuring a
number of workers. This excessive use of force led to
sympathy strikes against other firms owned by the holding
company which owned the brewery; it also produced a boycott
against the brewery by local black businessmen.
Namibia has been a member of the International Labor
Organization (ILO) since 1978. Trade unions are free to
affiliate with international trade union organizations. The
ban on the NUNW, a SWAPO-af filiated body which operated from
exile in Angola, has been lifted, and it is now operating
publicly in Namibia. The NUNW is affiliated with the
Organization of African Trade Union Unity and with the
Communist-controlled World Federation of Trade Unions.
b. The Right to Organize and Bargain Collectively
The Namibian Supreme Court recognized the right of collective
bargaining without intervention by a government agency in
1985. The Wiehanan Commission created in 1986 to revamp
Namibia's outdated labor laws released its comprehensive
report in February 1989. A second report was completed in
December 1989 and outlines recommendations on changes in labor
practices which may be considered by the independent
government. The report covers international labor standards,
conditions of service, labor relations, employment, training
and development, social security, and labor administration and
suggests the establishment of a special judicial body to deal
with labor disputes. It also establishes a system of
industrial courts. None of the commission's recommendations
will automatically become policy; it will be up to the new
government to draw up strategies and national labor policies.
Namibia in 1989 used a method of resolving labor-management
disputes through conciliation boards under the Wage and
Industrial Council Ordinance. Under this approach, employees
or employers have been able to apply to the South
African-appointed Administrator-General (AG) to appoint a
conciliation board composed of members of both management and
the unions, whose decisions in principle become binding on
both sides. The decisions in principle are binding if
publicly declared so by the AG on the recommendation of the
conciliation board. The board is composed of both management
and union members with no independent arbitrator, a fact that
can make it difficult to reach agreement. The conciliation
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NAMIBIA
board operates essentially on the basis of a gentlemen's
agreement, because no law evokes sanctions against an
employer. If a dispute cannot be resolved by the conciliation
board, unions can seek the advice of an independent mediator.
Should this option fail, the two parties could turn to an
arbitrator whose recommendations would be binding.
General unions, i.e., unions representing workers in more than
one industry, are permitted in Namibia. A major issue remains
the recognition of unions by individual companies and whether
these unions can then be registered with the AG. Unregistered
unions can bargain on behalf of their members if they are
recognized by management, but they do not have access to
conciliation boards. Disputes also have arisen, sometimes on
political lines, over which union is entitled to represent the
workers at a particular company. New wage concessions and a
minimum wage were negotiated in the building industry in 1989.
There are no export processing zones or offshore processing
facilities in Namibia.
c. Prohibition of Forced or Compulsory Labor
Forced labor is prohibited by law. The implementation of the
U.N. Plan threw additional light on labor practices in the
white farming sector. Reports by 17 former SWAPO fighters who
were released from a police-run farm in September indicated
that conditions amounting to forced labor existed in 1989.
Illiterate and isolated farm workers in some instances
received little compensation, were unable to leave the farm
without the owner's permission, were forbidden to speak to
outsiders, and were, in some cases, subject to physical
punishment by their employers. In one court case in
September, evidence given by witnesses revealed that workers
on one farm were being paid as little as 30 cents a day; the
farm workers resorted to poaching game to feed their families.
d. Minimum Age for Employment of Children
The minimum age for employment across the board is 15.
Minimum age regulations are generally enforced in the wage
sector pursuant to the Employment Act of 1986, Section 12.
However, children below the age of 15 often work on family
farms and in the informal sector.
e. Acceptable Conditions of Work
There is no statutory minimum wage in Namibia. Several unions
adopted a "living wage," i.e., one adequate to provide a
worker and his family with basic shelter, food, and clothing,
as a theme in 1988 and 1989. However, trade union leaders
have not settled on a figure. An unskilled worker in the
mining sector earns an average $275 per month.
Government-mandated occupational health and safety standards
are similar to those found in South Africa, but enforcement of
these standards outside the formal sector is slack. Improved
safety conditions remained a strong union demand in the mining
sector, particularly in the wake of an accident in November
1988 which killed seven miners at the Kombat mine near
Tsumeb. The inquest proceedings found the company had been
negligent and was culpable for the deaths. Namibia also has
legislation mandating leave (including maternity leave) and
overtime standards. An employer cannot require a female to
work in a factory 4 weeks before the expected birth date or 8
260
NAMIBIA
weeks after delivery.
The standard legal workweek is 46 hours under the 1986
Conditions of Employment Act, which also allows for 10 hours
of overtime per week, at time and a third. The employee must
freely agree to work overtime. Legally, an increase of more
than 10 hours of overtime per week has to be approved by the
Manpower Commission.
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HlfiEE
Niger is ruled by an authoritarian military regime headed by
General Ali Saibou, who took power following the death of
former President Seyni Kountche in November 1987. In 1989 the
military remained firmly in control, but President Saibou
promulgated a new Constitution, approved in a September 24,
1989 referendum, which established a secular one-party state
and replaced the Supreme Military Council with a joint
civilian and military Superior Council of National Orientation
as the nation's highest political body. Presidential and
legislative elections in December 1989 offered voters only a
yes or no choice on the nominees selected by the sole
political party, the National Movement of the Development
Society (MNSD) .
The Nigerien armed forces number about 2,600 members plus 800
gendarmes (paramilitary police). Other security organizations
are: the Directorate of State Security, which reports
directly to the President; the National Police, which is
responsible for maintaining public order and countering
antigovernment activity; and a unit for presidential
protection.
Niger is one of the world's poorest countries. The economy is
based on subsistence farming, livestock raising, and some of
the world's largest uranium deposits. However, cycles of
drought, desertification, a 3.1 percent population growth
rate, and declining world demand for uranium since the early
1980 's have had a serious negative impact on the economy.
Niger has a mixed economy with a number of government-owned
enterprises and diverse private firms. The Government is
attempting to reduce the number of these state firms and to
encourage a greater role for private business.
Basic human rights continued to be circumscribed in 1989, but
there were significant advances, including the advent of a new
Constitution and the release of almost all political
prisoners. The new Constitution contains extensive guarantees
of citizens' rights, including freedom of speech and press,
which, if fully implemented, would represent a considerable
step forward. However, significant restraints on freedom of
speech and press remain.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of such killings in 1989.
b. Disappearance
There were no reports of politically motivated abductions or
disappearances .
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no reliable reports of systematic torture of
prisoners or detainees in Niger. While occasional abuses by
individual law enforcement or prison officers occur, the
Government's policy banning physical abuse of prisoners and
detainees appears to be applied in most cases. This
262
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represents a significant improvement from the situation which
prevailed prior to 1988. In two incidents in July 1989, law
enforcement officers were punished for mistreatment of
detainees. A total of five law enforcement officials were
convicted and served 3-month jail terms each.
d. Arbitrary Arrest, Detention, or Exile
Article 84 of Niger's new Constitution specifically prohibits
arbitrary detention, but its application in practice has yet
to be tested. Police do not always need a warrant to arrest a
suspect. Once an arrest is made, the law requires that the
suspect be either charged or released within 48 hours. This
period can be extended for an additional 48 hours by the
public prosecutor, who is also the head of the judicial
police. In practice 
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